Blow to Mombasa petitioner after Mombasa Chief magistrate Martha Mutuku rejected his application to have 6 witness making him the petitioner and lone witness in his Bamburi ward election petition.
The chief magistrate rejected the application after the petitioner Etoile Akaran through his lawyer George Egunza failed to file the application within stipulated time in court
The court commenced hearing of a Petition challenging election of Patrick Mwamvula Mbele as Member of County Assembly -MCA ,Bamburi Ward.
Petitioner a John Akaran Etore began testifyied where he accused the MCA of conspiring with IEBC to rig the August 9, general elections at Bamburi Ward.
Etole claimed that Mbele with the aid of goons also meted violence at various polling stations in Bamburi ward including St Elizabeth Primary School thereby creating tension and scaring voters.
According to him the incident caused low voter turnout across the Ward.
The Petitioner who also vied for the Bamburi MCA seat in the last general elections blamed Kisauni Constituency Returning Officer Ibrahim Wario Mbele of having been behind the rigging plot that saw his agents being denied access at various polling stations across the ward.
The claims were countered by Mbele and IEBC lawyers who accused the Petitioner of failure to substantiate his claims with authentic evidences
The Petitioner had earlier requested for an order declaring mbele’s election as Bamburi MCA null and void IN ORDER to pave way for a fresh election.
Chief Magistrate Mutuku later declined the application which was filed in Court under certificate of urgency.
She declared the PETITIONER’S application as time bared since it was filed and heard after the MCA had officially been sworn in office.
The Petition hearing continues next week 21October, 2022.