THUO WANTS HIS SEAT BACK

Former Juja MP George Thuo has faulted a judge who nullified his election saying he conducted the trial without original forms 16A and 17A.

Saying it was an error to proceed with the trial without the original results and the forms, Mr Thuo is seeking to reverse the decision.

During the hearing of the case in February, the interim election body told the court that the original forms, used during the December 2007 polls, could not be traced.

After failing to produce them, the court relied on photocopies availed by former MP William Kabogo, who was also the petitioner in the case.

True copies

The Interim Independent Electoral Commission (IIEC) later said the copies in court were true copies of Forms 16A and 17A used during the election.

Form 16A contain results from every polling station, while Form 17A is a summary of all individual Form 16A. In Juja, there were 231 Form 16As.

In the appeal filed at the highest court in the land, Mr Thuo further says that it was wrong for Justice Luka Kimaru to send him packing yet the Judge had absolved him of any election offence.

He further faults the Judge saying it was wrong for him to nullify his election for lack of agents’ signatures and statutory remarks in the form 16A’s.

Mr Justice Kimaru sent the joint-Government Chief Whip packing on April 16, over irregularities. The Judge said the irregularities were so glaring yet they were overlooked by the disbanded Electoral Commission of Kenya (ECK) in 2007.

So far courts have seen five MPs lose their parliamentary seats. Other MPs who have lost their seats in the 10th Parliament are Mr Chirau Ali Mwakwere (Matuga), Omingo Magara (South Mugirango), Dick Wathika (Makadara) and Mr Joel Onyancha (Bomachoge).

During the 2007 election, Mr Thuo was declared the winner 52,321 votes against Mr Kabogo's 32,987.