By LYDIAH NYAWIRA
Kenya: Othaya MP Mary Wambui has argued that requirements stipulated in the Leadership and Integrity Act 2012 were not applicable in the last next General Election.
Through lawyer Cecil Miller, Wambui said the Act were to take effect in the next elections.
While cross-examining Mr Peter King’ara, who has petitioned Wambui’s election, Miller asked him if he was aware the Act was not to affect those vying in 2013.
King’ara clarified that the Constitution was supreme to the Act passed by Parliament, and insisted that the Act had tried to “water down” the integrity chapter.
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Miller defended Wambui saying she has never been charged with any wrong doing.
King’ara said the MP should have been charged after being adversely mentioned in the Parliamentary Report on the Artur Brothers.
The petitioner, who is a Nairobi lawyer, agreed with Miller that a parliamentary report on the Artur brothers only recommended that the MP be summoned during investigations as a witness but also quickly pointed out that all individuals mentioned in the report were also referred to as witnesses.
Miller asked King’ara if he was aware that the President and Deputy President had been cleared by the High Court to run in the General Election despite cases pending at the ICC.
King’ara also accused Wambui’s agents of bribery though he denied witnessing it. He, however, said his witness would testify on the same.
The petitioner cited irregularities in forms 35 and 36 with Mahiga primary school, Gatugi secondary school and Iriraini polling centres being adversely mentioned.
In Mahiga, KIng’ara testified that he was unable to read the numbers on the form as they had been altered while form 36 indicated King’ara had garnered 60 votes.
Miller argued that form 36 was correct while form 35 was erroneous, a point which King’ara refuted asking the court to confirm the figures through a re-tally.