High Court issues final verdict on Kidero’s case challenging Wanga’s win

A judge presiding over a petition challenging election of Homa Bay Governor Gladys Wanga has given guidelines for hearing and determination of the case.

Justice Roselyn Aburili issued the directives in consultations with lawyers representing petitioner who is a former Nairobi Governor Evans Kidero and respondents including Wanga.

Aburili argued that the guidelines would help the court and the parties to have a smooth way of undertaking the exercise from the hearing process start to determination.

She asked all the parties represented in the case to comply with the guidelines to enable them conclude the case within the stipulated time, which is six months.

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“Let’s all comply with the directives given by the court to enable us conclude the matter within the time frame. You’re allowed to consult where necessary,” Aburili said.

In the guidelines, the petitioner was asked to ensure they make their application and submissions to the court both in soft and hard copies within seven days.

Responses are also supposed to be given within seven days after that of the petitioners.

The court wants the scrutiny of election materials as requested by the petitioner done simultaneously as hearing will be taking place.

The petitioner was directed to serve the court with clearer copies of petition documents after the previously submitted ones were realized to have faint.

Other regulations given included the dress code where the judge asked lawyers to avoid putting on red-gowns during proceedings.

Both the petitioner and respondents were asked to restrain their supporters from jeering and cheering during hearing of the case.

“I want a situation where hearing of the case is done to the end without interruption. This will also enable us save time,” she said.

Justice Aburili issued the directives on Friday during the pre-trial hearing conference for the election petition against Governor Wanga at Homa Bay High Court.

The judge asked all the parties not to be afraid of the outcome, saying the court will rely on evidence that will be adduced and not any other influence when giving determination.

She urged the parties to cooperate by responding to court orders whenever they are called upon. The judge scheduled hearing of the case to start on November 24.

“This court treats all the parties as clients and my work here is to serve with integrity. All the necessary consultations should be done within the court room and no any other place,” she added.

Some of the lawyers Kidero has lined up to help him execute the case are Julie Soweto, Kevin Oriri and Samuel Aduda.

Kidero is expected to produce more than 17 witnesses in the case. In the case, Kidero has listed Independent Electoral and Boundary Commission (IEBC) as the first respondent.

Homa Bay IEBC returning officer Fredrick Apopa is listed as the second respondent. Governor Wanga and her Deputy Oyugi Magwanga were listed as the third and fourth respondents respectively.

The Orange Democratic (ODM) party which Wanga used its ticket to run for the seat is the fifth respondent. Lawyer Jackson Awele leads the team of third and fourth respondents.He is also holding brief for the fifth respondent.

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Raymond Olendo leads the team of lawyers for the electoral agency.

Awele said they have lined up about 32 witnesses to testify against the petitioner.

In the petition, Kidero wants the court to conduct scrutiny and recount of votes.

He is arguing that IEBC through Apopa declared Wanga as the winner for Homa Bay governor seat with wrong results.

Apopa announced Wanga as the winner with 244,559 votes while Kidero and his running mate Elijah Kodo who ran as independent candidate became second with 154,182 votes.

Mark Rabudi who ran on a UDA party got 1244 votes