“This case is in Siaya, not France,” Judge scoffs at IEBC lawyers in Midiwo case

Jakoyo Midiwo
Jakoyo Midiwo

The  Siaya high court on Monday ordered the Independent Electoral Boundaries Commission (IEBC 1st respondent ) to download and provide information from the KIEMs kit in two days and provide it to the petitioner.

The lawyers  representing former Gem MP Jakoyo Midiwo yesterday told the court  that the electoral commission was  yet to provide the information as directed earlier on 31st October 2017 by the court.

The court had directed the IEBC to download and print all the information in the KIEMs kit and serve the petitioner before the official hearing of the case kicks off.

Read: James Orengo Denies communicating To Justice Mwilu

The court was not able to allow Midiwo present his evidence, since the information on the KIEMs kit was missing yet it was necessary prompting it to begin with other witnesses.
Judge Esther Maina told the IEBC lawyers to move with speed and give the information in two days time without further excuses.
She further added that the downloaded and printed  information from the KIEMs kit must be presented when the petitioner is on the dock.
“The court will deduct two days from those awarded to you for wasting our time. For that matter you will only have one day to cross examine all your witnesses, ”  the judge told IEBC lawyers.
Ms. Maina further questioned why the IEBC lawyers did not bother to talk to the petitioner lawyers and advocates in regards to the delay.
But the  IEBC lawyers argued that immediately the court had given the order they wrote to their client who has since responded that they are coordinating with Safron -Morpho  company to get the election materials.
 “It was difficult to print the entire documents from the KIEMs kit but we have the SD cards that have the information. We will comply with the order as soon as we get all the details , ” added one of the IEBC lawyers.
The petitioner’s lawyer argued that variance on declared and transmitted results were  among the main reasons they needed the data, which they claimed was important for the witness.

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The IEBC lawyer  however  told the court that they were waiting for some of the information from France.

“I have to  firmly remind you that the case  is in Siaya and not France hence the importance of providing the petitioner with the information in good time,” noted judge Maina.

The petitioner had asked the court to allow for scrutiny of all election materials and also for the court to be furnished with certified election register.
The hearing of the Gem constituency parliamentary petition will take place the entire week.
Meanwhile the petition case challenging the re-election of Siaya Governor Cornell Rasanga has adjourned to next week.
The gubernatorial petition was filed by political nemesis, former Rarieda MP Nicholas Gumbo.

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Written by Kahawa Tungu


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