A petition seeking to overthrow the victory of Budalangi MP Ababu Namwamba has been filed at Busia High court with the petition side intending to call seventy two witnesses.
Budalangi MP Ababu Namwamba
The petitioner Mr. Henry Okello Nadimo who is a Budalangi voter claims Namwamba bribed voters and colluded with IEBC officials to change figures in his favour.
Ababu’s lawyer Mr. Katwa Kigen has asked the court to expunge audio evidence the petitioner plan to use saying it is in mother tongue yet the only admitted languages in court are Swahili and English.
Kigen also want the court to determine whether the petitioner who was an observer during the March 4th elections is allowed to file a court petition against an aspirant yet he is required by the law to be non-partisan.
He also expressed his doubt whether the petitioner filed the petition in good faith or did so on behalf of someone or some people, “My lord I don’t think whether the petitioner filed this case in good faith because his first witness Raphael Wanjala has many witnesses than himself”
Constantine Obuya who also vied for the seat in the March 4th elections is a third witness in the case in favour of the petitioner.
But Nadimo’s lawyer Ashford Muriuki overruled the allegations that his client filed the petition on behalf of another person or people, “My lordship my client is a Budalangi resident, a voter and a citizen of this country who has a constitutional right to file a petition against any candidate if he feel aggrieved”
Busia county judge Francis Tuiyott who is hearing the case said he will make a ruling on the raised matters this Wednesday before the case commence the same day.
In the meantime, Mr. Nadimo informed the court that he had received threats from unknown people and reported the same to police.
Judge Tuiyott noted the complain and warned parties to the case to cease from engaging in malicious activities that may prejudice the court or undermine justice.
