Petitioner Wants Court Stop MCA from Assuming Office
By The Coast Team
Mombasa Chief Magistrate Martha Mutuku will next week Thursday deliver a preliminary ruling on Petition challenging election and declaration of Patrick Mwamvula Mbele as Member of County Assembly for Bamburi Ward.
The ruling set for 13th October, 2022 will decide whether the new MCA should continue or be stopped from representing Bamburi Ward residents at Mombasa County Assembly until the petition is heard and determined by the law Court.
Petitioner John Akaran ETORE in his suit certified as urgent had earlier wanted the Court to bar Mbele from being sworn in office as Member of the County Assembly in Mombasa though it was passed by events as the MCA already took oath of office.
Etole through his lawyer George Igunza had earlier asked the Court to issue a conservatory order against swearing in of Mbele as MCA.
Etore alias Eto who claims there was massive election rigging also wants Mbele‘s election and declaration as Bamburi MCA be declared null and void to pave way for a fresh election in the Ward.
He further petitioned IEBC and Kisauni Constituency Returning Officer Ibrahim Wario over allegation of aiding in rigging in Mbele, who also happens to be one of the former Mombasa Governor Hassan Ali Joho’s confidants.
Mbele served in the Mombasa County Government as a photographer based at the Governor’s office before declaring interest in vying for the Bambari Ward seat.
The Mombasa Chief Magistrate on Friday also directed all defendants in the Petition including Mbele and IEBC lawyers to finalize their responses by early next week ahead of a Pre-trial Conference before commencing a two month hearings as from 17th October, 2022.
In his sworn affidavit, Etore claims Mbele with the aid of hired goons mounted violence at various polling stations within Bamburi ward including St Elizabeth Primary School hence creating tension and scaring away voters.
The petitioner vied for the Bamburi Ward seat on Kenya National Congress ticket under Azimio la Umoja One Kenya Coalition also accused the Kisauni Constituency Returning Officer for having locked out his agents from accessing all the polling stations across the ward, right from the time voting started in the morning of 9th August, 2022.
Mbele who vied on ODM ticket was later together with other Mombasa MCAs sworn in office in a ceremony conducted and overseen by Mombasa County Assembly Speaker Hon. Aharub Khatri and Clerk to the Assembly Mr. Salim Juma.
Already six former aspirants have thrown their support behind Etore’s petition and demand for fair hearing from the court.