MAGARA LATEST

Court of Appeal will rule tomorrow whether former Trade Assistant Minister Omingo Magara will retain his Parliamentary seat.

Three appellate judges are expected to deliver a judgment on whether Justice Daniel Musinga erred in declaring Magara

The Interim Independent Electoral Commission (IIEC) has already set the date for the anticipated South Mugirango by-election as June 10.

This was after the National Assembly Speaker Kenneth Marende issued writs declaring the seat vacant.

Marende did this after receiving a certificate from the High Court on the nullification of Magara

Appellate judges Riaga Omolo, Philip Tunoi and Erastus Githinji have powers to overturn the election court

In his case, Magara argued that Justice Musinga went outside the petitioner


The court heard that Justice Musinga in his judgment said that 53 form 16A out of 110 polling stations were not signed and indicated the figure as 43 in another part of his decision.


Out of the six polling stations whose form 16As were not signed by the presiding officers, in three of them, form 16As were found in the ballot boxes during the scrutiny exercise and the same were duly signed by presiding officers.

The stations whose forms were redeemed from the ballot boxes and duly signed by the presiding officers are Nyamunaria Primary School 017, Ndonyo Primary School 031 and Maroo Primary School 085.

It also emerged that Magara won in the re-count exercise that was conducted by the court. The petitioner, Mr Manson Nyamwenya had asked for the re-count.


The court also heard the petitioner was represented by an advocate who was privy to documents that were to be produced in the election petition.


On the issue of the certificate used by the National Assembly Speaker Kenneth Marende to issue writs, the court heard that it was unusual for a judge to issue the document the same day a judgment is read.


On his part, the petitioner opposed the appeal on grounds that the Speaker has already acted on the certificate.

His advocate, Mr Ombati Omwansa, argued that the issue is not out of the court

Omwansa defended the judge, saying at no time did Magara ask him to disqualify himself from hearing the petition.