•Justice George Dulu last year said he will deliver the ruling on January 16 at 8:30 am
•The High Court will also deliver a judgement in a case in which six people were charged with the murder of a former MP
An election court will on Monday rule on whether it will allow scrutiny and recount of votes in various polling stations in the Wajir gubernatorial polls.
Justice George Dulu last year said he will deliver the ruling on January 16 at 8:30 am after parties in a case challenging the win of Wajir Governor Ahmed Abdullahi called all their witnesses to give evidence.
The petitioner Dr Hassan Mohamed has asked the court to direct the electoral commission to deliver to court for scrutiny all KIEMS kits or SD cards used in 11 polling stations in Wajir indicating the total number of voters captured.
He has also asked the court to direct the IEBC to deliver all ballot boxes and packets of counterfoils of used ballot papers for the gubernatorial election in other 27 polling stations for inspection, scrutiny and recount of all valid votes.
During the hearing, Hassan told the court that there were gross discrepancies in Forms 37A such that the total votes cast in some polling stations were more than the total voter turnout as per the KIEMS Kit.
The High Court will also deliver a judgement in a case in which six people were charged with the murder of a former MP 10 years.
Last year, the six were put on their defence by Justice Roselyn Korir.
While seeking to be acquitted, the proprietor of Porkies Club, Paul Wainaina Boiyo alias Sheki, through veteran lawyer John Khaminwa said the Director of Public Prosecutions had failed to establish that the accused had the motive to poison former Juja MP George Thuo.
In his final submissions before Justice Korir, Dr Khaminwa said Thuo was a regular and respected customer at the club.
“No motive to poison him has been established by the DPP. No evidence to demonstrate the link between the accused and the death of the deceased,” said Dr Khaminwa.
Boiyo is charged alongside his employees Christine Lumbazio Andika alias Lumba, Andrew Karanja Wainaina, Samwel Kuria alias Visi, Esther Ndinda Mulinge and Ruth Watahi Irungu alias Atlanta for the murder of Thuo on November 17, 2013.
“The prosecution has not demonstrated that the accused has a case to answer. It has not led any testimony to link the accused to the poison that led to the death of the former lawmaker,” stated Dr Khaminwa.
The advocate said that before Thuo went to Porkies Club, he had been drinking alcohol elsewhere.
Also in courts, a Nairobi lawyer Guy Elms Spencer is expected to testify in a case politician Agnes Kagure has accused him of forging a will of late British tycoon Roger Robinson who died in 2012 and left property worth Sh500 million.
In November last year, a document forensic examiner defended lawyer Guy Spencer Elms against allegations that he forged the signature of his rich client, who died 10 years ago, so as to sell two parcels of land.
The examiner, Jacob Oduor, told a court that upon examining various known signatures of the lawyer’s client, Roger Bryan Robson, he found that there was no forgery.
Robson, a British tycoon, died in 2012 and left behind the two parcels of land that are at the centre of a court dispute between city businesswoman Agnes Kagure and lawyer Elms, who was Robson’s advocate.