Leo Wamuthende, the Member of Parliament for Mbeere North, has declined to take the witness stand in an ongoing election petition challenging his victory, opting instead to rely on his sworn affidavit.
The move has been strongly opposed by the petitioner, Newton Kariuki, who has filed an application seeking to have Wamuthende struck out of the proceedings for failing to appear in court for cross-examination.
Dispute Over Testimony and Scrutiny
Kariuki argues that the MP should not be allowed to participate in the case without subjecting himself to questioning in court. He has also requested a scrutiny and recount of votes in 32 out of the 134 polling stations used in the election, citing alleged discrepancies.
Through his legal team, led by Kiragu Thuita and Ndegwa Njiru, the petitioner maintains that irregularities in electoral forms could potentially alter the outcome of the poll if verified. He further alleged that a high number of assisted voters was part of a broader scheme that disadvantaged his candidacy.
Defence Dismisses Claims
Wamuthende, through his lawyer Charles Mwongela, opposed the application, describing it as a “fishing expedition.” Mwongela, who also represents the Independent Electoral and Boundaries Commission (IEBC) and returning officers in the case, argued that the petitioner had failed to identify specific discrepancies in key electoral documents, including Form 35A and Form 35B.
The defence further stated that the Kenya Integrated Elections Management System kits functioned properly during the election, with any technical challenges mitigated through the use of physical voter registers.
Additional Claims Addressed
The IEBC also addressed concerns raised over voter registration, particularly the case of an individual allegedly registered in a polling station under a by-election freeze. The commission described the incident as isolated, attributing it to the ongoing nationwide continuous voter registration exercise at the time.
Additionally, the court was told that there was no evidence to support claims that Public Service Cabinet Secretary Geoffrey Ruku interfered with polling station operations.
On a reported fire incident at a polling station, the defence explained that it was caused by a pressure lamp used by an IEBC official during vote counting, dismissing allegations that it was linked to violence or destruction of ballot materials.
Awaiting Court Determination
The court is expected to rule on the pending applications, including the request for scrutiny and whether Wamuthende should be struck out of the proceedings, as the hearing of the petition continues.
