Orengo wants ‘shell of petition’ against Rasanga thrown out
Siaya Senator James Orengo has asked the High Court in Siaya to terminate a petition filed by former Rarieda MP Nicholas Gumbo seeking to nullify the re-election of Governor Cornel Rasanga.
Mr Orengo has termed the petition a shell without content after engaging Gumbo in a day-long cross examination saying it lacked evidence.
The senator, who is Rasanga’s lead counsel, said Mr Gumbo’s allegations in the petition which includes glaring alterations, mismatch of numbers and a myriad of irregularities in statutory form 34 C was corrected by the county presiding officer Ruth Kulundu before declaration of the winner.
“The claims that these documents lacked authenticity because they lacked signs, names of polling stations Presiding officers and names of agents claimed to have been denied chance to append signatures on Statutory forms especially Form 37As are baseless and it would be unfair if we relied on these documents because we doubt their source,” Orengo submitted.
Mr Orengo further submitted that it is a criminal offence for the petitioner to accuse the presiding officers on allegations that directly affect the CRO yet he has not officially presented this in his affidavit.
Mr Gumbo failed to produce a full list of his agents whose stations had faulty form 37As which he presented in court as not signed as per the petition.
He also failed to produce before court sufficient evidence showing places, and particulars of vehicles used by the incumbent in the campaigns and distribution of maize to woo voters ahead of polls as was alleged in the petition.
Mr Gumbo is represented by Mr Mboya Ogutu who has already presented four witnesses and is expected to present four more on November 13 when the case resumes.