APRIL 30TH

April 30 will be the day when Dick Wathika will find out if he will continue being Makadara MP.

Lady Justice Kalpana Rawal set the date after final submissions by lawyers Otiende Amolo, Elisha Angoya, Kioko Kilukumi and Antony Lubullelah, who represented the parties.

Mr Wathika’s election was challenged by former MP Reuben Ndolo. Mr Amolo asked the judge to nullify the election, alleging officials of the now defunct Electoral Commission of Kenya (ECK) colluded to rig the polls by orchestrating the arrest of Mr Ndolo on December 28, 2007.

He said a returning officer, Ms Jerusha Chepsat signed and issued a winner’s certificate to Mr Wathika before declaring the results. Ms Chepsat issued the certificate on December 28, 2007 and announced the results on the night of December 29-30, 2007.

Mr Kilukumi, appearing for Mr Wathika, said the allegations had not been proved while Mr Lubullelah, representing the ECK and Ms Chepsat, urged the court examine all the evidence and deliver a judgment on proven grounds.

The lawyers agreed that incorrect results were posted for the 25 contestants in Makadara constituency. “There were errors in tallying of results from all the 175 polling stations by Ms Jerusha Chepsat,” Mr Amolo said.

Fresh poll

The court also heard that results reaching ECK headquarters showed that Mr Ndolo had recaptured the seat. “The flaws in the exercise invite the court to nullify the results and order a fresh poll,” the court heard.

Mr Amolo said the declared results were inaccurate. Mr Ndolo got 22,878 votes while Mr Wathika had 23,788. But a re-tally gave Mr Ndolo 1,840 more votes while Mr Wathika scored more than 24,000.

He said the omissions constituted an offence and urged the court to punish returning officer Ms Chepsat as stipulated by elections rules.