NEWS
Story by EUNICE MACHUHI Publication Date: 4/25/2008
The High Court in Mombasa has directed that an application for scrutiny and recount of the electoral documents of Matuga constituency be heard on Wednesday next week.
The application was filed by Mr Ayub Juma Mwakesi, who is challenging the election of Transport minister Chirau Mwakwere.
It was filed through his lawyer, Mr Mohammed Balala, two days after High Court judge Joseph Sergon dismissed another application by the minister seeking to have the petition filed against him struck out.
Null and void
The petitioner claims the election process was marred by irregularities and, therefore, wants the election of the MP declared null and void.
He cited Kombani polling station, where he alleged that the returning officer declined to include two boxes from the station, where the MP’s rival Hassan Mwanyoha was leading.
He also said there was intimidation and bribery by the MP’s agents during the exercise.
Mr Mwakwere claimed he was not personally served as is required by the law.
Through lawyer Gikandi Ngibuini, he had argued that the process servers had not demonstrated that they had diligently tried to serve the petition upon him.
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