A piece of evidence in Martha Karua’s petition against the election of Kirinyaga governor Anne Waiguru has gone missing.
As a result, the High Court in Kerugoya has directed the court’s deputy registrar to produce judiciary staff who received Karua’s petition.
Judge Lucy Gitari wants the staff to explain how Ms Karua’s flash disc containing video evidence on voter bribery got lost from the file. The Judge’s orders came after Karua questioned how the evidence could have gotten lost within the court.
“There is a wide conspiracy. Court has a duty to get to the bottom of the matter. It is incumbent upon this court to exhaust its own internal inquiry. Bring the person who wrote the receipt to explain,” said the Iron Lady.
Karua noted that she handed the petition and the evidence to judicial officers on September 6, 2017.
Through her lawyer Gitobu Imanyara, Karua faulted lawyers representing governor Waiguru and the electoral agency for opining that she should make a formal application to adduce the video evidence.
“We are operating on timelines. The aim is to delay prosecution of the case, buying time and abusing court process,” said Imanyara.
He also complained about interference with witnesses in the petition.
“There has been a number of interferences of petitioner witnesses. One witness has withdrawn. Another witness by the name Mercy Kangi was called via phone by a person identified as Kamwaki.”
“There are attempts to interfere with witnesses and should be stopped,” he added.
Justice Gitari termed the matter serious saying a complaint should be filed against the mobile number used to call witness Kangi.
The hearing of the case continues.
