By Andrew Kariuki
Mbeere North Member of Parliament Leo Wamuthende has declined to take the witness stand in the ongoing election petition challenging his victory, opting instead to rely solely on his sworn affidavit.
The move has been strongly opposed by the petitioner, Newton Karish, who has filed an application seeking to have Wamuthende struck out of the proceedings for failing to submit to cross-examination.
Karish argues that allowing the MP to remain in the case without appearing in court would undermine the integrity of the proceedings, insisting that oral testimony is necessary to test the credibility of the evidence presented.
At the same time, the petitioner is pushing for a scrutiny and recount of votes in 32 out of the 134 polling stations used in the election, citing alleged discrepancies in electoral documents.
Through his legal team led by Kiragu Thuita and Ndegwa Njiru, Karish told the court that irregularities in election forms could, if verified through scrutiny, potentially alter the final outcome in his favour.
He further alleged that the unusually high number of assisted voters recorded during the election formed part of a broader scheme that disadvantaged his candidacy.
However, the MP, through his lawyer Charles Mwongela, opposed the application, dismissing it as a “fishing expedition” lacking a solid evidentiary basis.
Mwongela, who also represents the Independent Electoral and Boundaries Commission and returning officers in the matter, argued that the petitioner had failed to identify specific discrepancies in Form 35A and Form 35B, which contain polling station and constituency results.
The defence maintained that the petition was driven by dissatisfaction with the election outcome rather than demonstrable irregularities capable of affecting the results.
On the conduct of the election, the respondents told the court that the Kenya Integrated Elections Management System (KIEMS) kits functioned as required, adding that any technical challenges were mitigated through the use of the physical voter register as provided for in law.
Addressing claims surrounding voter registration, the electoral body clarified that the case of one Collis Munene, who was registered at Muondu Polling Station despite a by-election freeze, was an isolated incident linked to the ongoing nationwide continuous voter registration exercise.
The court also heard that there was no evidence to support allegations that Public Service Cabinet Secretary Geoffrey Ruku interfered with operations at any polling station as claimed by the petitioner.
On an incident involving a fire at a polling station, the defence explained that it was caused by a pressure lamp used by an IEBC official to provide lighting during vote counting, dismissing claims that it resulted from violence or the burning of ballot papers.
The court is expected to issue a ruling on the applications as the hearing of the petition continues.
