BY SAM ALFAN.
Garissa Township Mp who doubles up as Majority leader in the parliament Aden Duale will know his fate on 27of February.
This is after parties concluded their submissions in a petition filed by former Deputy Speaker Farah Maalim.
While asking the court to dismiss the petition and award him costs of Sh5 million, Mr Duale through Senior Counsel Abdullahi Ahmednasir said it is trite law that the one who alleges must prove. He said Maalim made a plethora of allegations but not backed up by cogent evidence.
He told Justice Hedwig Ong’udi that although Maalim claims anomalies in Forms 35A, he fails to challenge the results contained in the said forms. He added that the refusal and or failure of a candidate or an agent to sign a declaration form or to record the reasons for the refusal to sign, cannot by itself invalidate the results.
Mr Duale who is also the National Assembly majority leader defended the appointment of retuning officer Mr Boru Duba saying it was done procedurally. He added that there was no objection form any political party, including Wiper, Mr Maalim’s party.
Duale said he re-elected because of his good development record, National Assembly Majority Leader Aden Duale has told the court.
Mr Duale said that even opposition supporters supported him instead of Maalim.
He also refuted claims made saying the election was free and fair and was done in accordance with the constitution.
Duale said that even NASA supporters in the region voted for him and dismissed claims that he bribed voters in the area.
It was Duale testimony that he was re-elected because of his good track record.
The legislator said that the entire constituency is his stronghold and denied claims that he played a role in recruiting the deputy and returning officers in the area.
“I was not involved in the recruitment of the returning officers, that’s IEBC work,” he said.
He also denied allegations that he employed his relatives including his brothers as agents during the elections.
“That’s hearsay. provide evidence, I can account to all the activities of my brothers on that particular day,” said Duale.
The results declared by IEBC were free and fair and a true and absolute reflection of the people’s will.
In his final submissions Maalim claims has relied on five grounds saying that there was improper relay and transmission of results during the 8August general election.
He claims that there were other irregularities that fundamentally affected the results of the said election.
He said the election was free and fair and done in accordance with the constitution.
Duale urged the court to dismiss the election petition.
