Ngilu to know her fate in election case next month
Kitui Governor Charity Ngilu will know her fate on March 2, 2018 when the election court delivers its ruling in the petition seeking to nullify her victory.
Lady Justice Pauline Nyamweya set the date after receiving final submissions from lawyers representing the parties involved in the poll suit.
Justice Nyamweya had directed lawyers Kioko Kilukumi (for Ngilu), Appollo Muinde and Moses Kurgat for the petitioner Dr Julius Malombe and Mr Elias Masika and Mrs Dorothy Mageto for the Independent Electoral and Boundaries Commission (IEBC) to file written submissions by Friday after concluding the scrutiny and recount exercise.
In their final submissions Mr Kilukumi and Mr Masika urged the judge to dismiss with costs the petition filed by the former Governor Dr Malombe whom they said has failed to prove the allegations levelled the incumbent.
Mr Kilukumi furthe submitted that Dr Malombe, who came a distant third after the final vote count during the last General Elections on August 8, 2017, did not avail any evidence which the court can rely on in overturning Ms Ngilu’s victory.
“Ms Ngilu was declared the winner of the hotly contested polls by the County Returning Officer Albert Gogo after garnering more than 160,000 votes while the runners up David Musila got 115,000 votes while Dr Malombe managed 74,000 votes,” Mr Kilukumi stated.
VIOLENCE AND BRIBERY
The lawyer said the Governor, who is also a one-time presidential candidate and former Lands Cabinet Secretary, satisfactorily answered each of the allegations levelled against her by Dr Malombe.
He distanced the Governor from claims of unleashing violence, bribery, campaigns during the polling day and blocking agents of Dr Malombe from accessing polling stations tallying centres.
The IEBC lawyers Masika and Mageto have said the elections in Kitui were conducted in accordance with the law.
“The scrutiny exercise and the recount exercise bears witness that the elections were conducted in free and fair environment,” Mr Masika said.
He said after the recount the votes of Ms Ngilu increased and that the Form 37As were authentic. He asked the judge to dismiss the case with costs to the respondents.
On their part, Mr Muinde and Kurgat said violence reigned and that Ms Ngilu colluded with IEBC officials to rig the elections in her favour.
They urged the judge to consider all the evidence Dr Malombe has tendered and find Ms Ngilu was declared winner wrongly then nullify her elections with costs.