Kidero wants court to dismiss Waititu’s petition
Nairobi, Kenya: Nairobi Governor elect Evans Kidero has asked the court to dismiss an election petition filed against him on grounds that it lacks merit.
Kidero through his lawyer Prof Tom Ojienda told the court that the suit filed by his key competitor in the Nairobi gubernatorial race, former Embakasi Ferdinand Waititu is premature.
He cited section 76 (1) (a) of the Elections Act that provides that the election petition should be filed within 28 days after the date of publication of the results of the election in the gazette.
Kidero further said section 76 (2) and 76 (3) of the Elections Act stipulates that a petition to question a return or election on grounds of irregularities should be filed after 28 days after gazzettement of the results.
Ojienda told the court that the suit filed against him was done before the gazzettement of the elections results and therefore premature and a nullity in law.
He further said the court had no powers to cancel a certificate of election issued to him by Nairobi County Returning Officer who is legitimately mandated by the constitution.
He also disputed figures cited by Waititu as irregular saying the total votes cast including those rejected for Langata Constituency; St Mary’s primary ward polling was 3406 of the total registered voters of 4,059.
“The validity of elections results is affected only where the total valid votes exceed the number of registered votes in the polling station,”Kidero pointed out.
He added that the total valid votes for St Mary’s Primary school polling station as recorded in form 36 is 3368 whereas the total voters in the polling station is 4,059.
Waititu had claimed that votes cast in at St Mary Primary School are in excess of the total number of registered voters there.
He said according to form 36, the total registered voters there were 4,059 voters, yet the total votes cast for the Nairobi county Governor from that ward was officially stated by IEBC as 4510.
Waititu had moved to court so seek orders to stop his gazzettement saying the election of Nairobi Governor was marred with numerous irregularities.