Poll petition against Mwinyi The election petition filed against Changamwe MP Omar Mwinyi will now proceed for full hearing after the High Court declined to strike it out. Lady Justice Maureen Odero said the petitioner, Mr Philip Ndolo, complied with the law at the time of filing the petition, in which he has sued Mr Mwinyi, returning officer Florence Birya and the Independent Electoral and Boundaries Commission. The judge declined to allow introduction of new evidence and witnesses by the petitioner, saying it was in contravention of poll petition rules, and as such she struck out seven additional affidavits which were introduced after the petition was filed. She ruled that the introduction of new witnesses and additional polling stations under the guise of further affidavits could not be condoned, saying that it was important to remember that all petitions were subject to ‘tyranny of time’.
Posted on: Fri, 14 Jun 2013 15:46:23 +0000