Meet Maina the voter, the man who brought laughter in poll petition – PHOTOS
When chief justice David Maraga refused to listen to pleas by Edward Kings Onyancha Maina to be allowed to join the consolidated presidential petition, it was hardly surprising for a man common in the court corridors and known for his “pursuit for justice”.
The man from Nakuru has been described by some lawyers as a vexatious litigant, a legal jargon of individuals who file applications in court for the sake of it. But this does not deter him from filing cases in court.
When not filing the cases in Nakuru, the former Kenya Farmers Association (KFA) company secretary moves to Nairobi where he has rubbed shoulders with the legal bigwigs.
The refusal by Maraga to allow him was not the first. Together with businessman Jackson Ndegwa, they recently filed an application to have the Supreme Court to review and reverse its decision nullifying the August 8 presidential election in which President Uhuru Kenyatta had been declared the winner.
The application was, however, rejected by the court Deputy Registrar Daniel ole Keiwua.
Unsatisfied, he filed an appeal before which was heard by a single judge of the Supreme Court. Justice Isaac Lenaola agreed with ole Keiwua that the application lacked merit because Mr Onyancha was not a party to the case at the Supreme Court.
It was therefore not surprising for Mr Onyancha to file an application seeking to join the new cases filed at the court.
His argument was that he “finishes the two cases challenging President Kenyatta’s win in 15 minutes”, to a rousing laughter from Judges, lawyers and litigants in the packed courtroom.
“This being the last court, where do you wish me to go to? I am a voter and I feel that I have been denied my citizenship. I am a voter and pay taxes which run this court,” he told an attentive court.
But the Chief Justice reminded him that he was only one of the 19 million plus voters and if they were to hear every voter, it would take ages to conclude the case.
“I am going home a disappointed person. I feel I have been denied my rights, just like IEBC did. This court has also done the same,” Mr Caleb Omae, a voter from Nakuru, who also wanted to join the case.
“I said last night that we have 19 million voters. If we allow each one of them, we will require a year to complete the cases. Talk to your MP and let them allow us take a year to hear and determine such these cases. We have done what we fell is right and dismissed your application,” Justice Maraga said.