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BY CORRESPONDENT,KERUGOYA,7TH MAY 2018-There was shock and disbelief in a Kerugayo court after it was discovered that a video clip bearing evidence of electoral malpractice that had been presented as part of the supporting documents in the case by Karua Disappeared.
The disappearance is traced in the hands of one court staff who may have misplaced the file. High Court i directed the court’s deputy registrar to produce judiciary staff who received Martha Karua’s petition against election of Kirinyaga governor Anne Waiguru, after a piece of evidence went missing from the case file.
Judge Lucy Gitari said the staff should explain how Ms Karua’s flash disc containing video evidence on voter bribery got lost from the file.
The judge made the orders after Ms Karua questioned how the evidence could have gotten lost within the court.
“There is a wide conspiracy. Court has a duty to get to the bottom of the matter. It is incumbent upon this court to exhaust its own internal inquiry. Bring the person who wrote the receipt to explain,” said Ms Karua.
She said she handed the petition and the evidence to judicial officers on September 6, 2017.
Ms Karua faulted lawyers representing governor Waiguru and the electoral agency for opining that she should make formal application to adduce the video evidence.
“We are operating on timelines. The aim is to delay prosecution of the case, buying time and abusing court process,” said her lawyer Gitobu Imanyara.
Imanyara further complained about interference with witnesses in the petition.
“There has been a number of interferences of petitioner witnesses. One witness has withdrawn. Another witness by the name Mercy Kangi was called via phone by a person identified as Kamwaki,” said Mr Imanyara.
“There are attempts to interfere with witnesses and should be stopped,” he added.
Justice Gitari termed the matter serious saying a complainant should be filed against the mobile number used to call witness Kangi.
During the hearing session , the Independent Electoral and Boundaries Commission (IEBC) lawyer Joe Kathungu put Ms Karua to task to explain her claims that the Kirinyaga governorship election was ‘riddled by illegalities and irregularities’.
The lawyer questioned why Ms Karua failed to indicate in the petition that her agents were denied access to one of the election statutory forms.
Mr Kathungu also denied that governor Waiguru’s votes were inflated by 48,000 votes through fraud.
The court heard that in most of the polling stations where Ms Karua complained that her agents were denied access, she got more votes compared to governor Waiguru.
“The exercise was fraud and results were fraudulent. IEBC destroyed the records by reconfigured the Kiems kits. Inflation of votes was widespread,” maintained Ms Karua.
She stated that there was conspiracy between the respondents -IEBC, County Returning officer Seki Lempaka, deputy governor Peter Ndambiri and Governor Anne Waiguru.
The hearing of the case is still ongoing.