Wetang’ula’s safe

The Court of Appeal has dismissed a petition challenging the election of Foreign Affairs minister Moses Wetang'ula as Sirisia MP.

Rejecting the petition, the court said that the affidavit in support of the notice of appeal was "based on falsehood".

The three-judge bench argued that the petitioner, John Waluke, an ODM politician, had misled the court since the process server filed the notice on a Sunday, yet the courts are never open.

With the ruling, Mr Wetangu'la is now the validly elected member for Sirisia constituency.

While asking the Appellate Court to dismiss the intended appeal, Mr Wetang’ula pointed out that the application by the parliamentary loser was full of inconsistencies.

He further said the single judge, who allowed the application, ignored his submissions yet they were valid.

The Foreign Affairs minister, through lawyer A.B. Shah, requested three judges to hear the application once more, after fellow Court of Appeal judge Alnashir Visram dismissed his objection.

Mr Wetang’ula filed the objection and sought the dismissal of the intended appeal arguing that he was served with the notice two days late.

But Justice Visram dismissed the application saying the reasons for lateness as explained by Mr Waluke, were satisfactory.

Day in court

The Judge allowed Mr Waluke to proceed with the appeal but still unsatisfied, the minister asked three judges to hear the application once again.

In opposing the application, Mr Waluke, through retired judge Richard Kwach, pleaded with court to proceed with the appeal saying his client should be given his day in court.

“The people of Sirisia want to know whether Mr Wetang’ula was validly elected as their MP,” said Mr Kwach. The retired judge said Justice Visram exercised his discretion correctly and no one should fault him.

The appeal arises from a ruling by a Bungoma judge who dismissed Mr Waluke's petition, saying a process server who attempted to serve Mr Wetang'ula with the court papers in January 2008 was not qualified then.

Lady Justice Florence Muchemi said the process server had no valid licence.

Mr Kwacha added before justices Emmanuel O’Kubasu, Erastus Githinji and Joseph Nyamu that the intended appeal was arguable and not frivolous.
In the petition, Mr Waluke accuses the former electoral body of not providing enough security during the 2007 elections.

He also said voting was disrupted at Busakala Secondary School polling centre by Mr Wetang'ula's agents and supporters who were armed with assorted weapons including guns.