Former Kitui Senator David Musila yesterday filed an application in Kitui High Court seeking to be enjoined in an election petition by former Governor Julius Malombe challenging Charity Ngilu’s election in the August 8, General Election.
The petition has listed Ngilu, the Independent Electoral and Boundaries Commission (IEBC) and Kitui County Returning Officer Gogo Albert Nguma as the first, second and third respondents respectively.
Through his lawyer Morris Kimuli, Musila asked the court to be incorporated into the case only as an interested party for he was the third candidate in the disputed gubernatorial election.
Mr Kimuli told Judge Lady Justice Pauline Nyamweya that his client’s only was to know the truth should the court order a recount of votes cast by Kitui electorate on the polling day and did not in any way plan to take sides with either of the litigants or interfere in the case.
“Mheshimiwa Musila was among the three candidates who contested in the disputed Governor’s race and as such wishes to be part of this petition since he is also curious to know what really transpired during the polling day,” he said.
But the application was robustly and vehemently objected to by lawyers of the existing litigants who questioned the rationale behind the former Senator’s prayers.
Malombe is represented by Senior Counsel Okongo Omogeni and lawyer Apollo Muinde, Ngilu by Senior Counsel Kioko Kilukumu while lawyer Dorothy Mageto is defending the electoral commission as well as Mr. Nguma.
Mr. Muinde said he was under strict instructions from his client (Malombe) to object to Musila’s enjoinment application “since his coming on board will add no value whatsoever to this matter.”
“His desire to know what lies in the ballot boxes is not compelling enough to have him brought on board. The case is a public matter and Musila will certainly know its outcome all the same,” he argued.
Mr. Kilukumi maintained that 79 days had lapsed since the August 8th national polls took place and wondered where Mr. Musila has been all that time.
Ms. Mageto, on the other hand, urged the court to dismiss the enjoinment prayers as “hearing and determination of this matter is bound by strict constitutional timelines which have to be adhered to by all means.”
“Besides, Musila should have filed his request during the pre-trial conferences in which interlocutory applications were made by each of the involved parties. The hearing dates have also been set and all litigants are ready to proceed,” she told the court.
Lawyer Kimuli, however, stood his ground and defended the application saying his client has every right to be encompassed in the petition especially given that he (Musila) was a bonafide candidate in the election in question.
The court is set to rule on the application on November 15, 2017.