FOREIGN AFFAIRS MINISTER WETANGULA TRIUMPHS OVER POLL PETITION
Kanini Evans Kariuki
November 22, 2009
ARGUABLY ONE OF THE BEST AND ELOQUENT FOREIGN AFFAIRS MINISTER'S KENYA HAS EVER PRODUCED,WETANGULA EMERGES THRICE AS MUCH POPULAR,ASSERTIVE,CONFIDENT,BOLD AND AS FEARLESS AS EVER WITH THE DISMISSAL OF THE ELECTION PETITION AGAINST HIM. READ ON:
SIRISIA constituency, in Western Kenya, exploded into unfathomable joy and celebrations at the weekend, after the Kenyan High Court struck out a petition challenging the election of Foreign Affairs minister Moses Wetangula who is the area Member of Parliament.
Scores of happy Sirisia residents raced through the streets laughing in fresh outbursts of mirth, after receiving news that the polls petition against Wetangula had been thrown out by the High Court.
Excitement and a spirit of camaraderie reigned in Sirisia constituency which is ably and effectively represented in the Kenyan National Assembly by Wetangula.
The residents who were in a clearly joyful mood, asked the petitioner John Waluke to join hands with Wetangula in enhancing development and unity in the area for the benefit of the local people and posterity.
The residents advised Waluke against appealing against the High Court's decision saying it was a waste of time.
John Waluke should instead forget the past and work with Wetangula harmoniously in accelerating the tempo of development in Sirisia, they stated.
In reference to Waluke´s declaration that he intended to appeal against the High Courts ruling, the residents stressed that what they wanted was development and unity but not unnecessary election petitions.
The residents further advised John Waluke to wait until 2012 when the next General elections would be held,instead of spreading a blanket of confusion and antagonism in Sirisia with his petitions.
Moses Wetangula, a high-profile and distinguished lawyer by profession, has been the engine behind the realization of developmental goals in Sirisia.
Besides playing a pivotal role in the development and respect for the bar or legal practice in Kenya, Wetangula is widely respected for his stupendous contribution to the restoration of democratic ideals in this East African country, respect for human rights and other fundamental freedoms.
A great believer and adherent of the democratic tradition, Wetangula is a person of high integrity.
The lawyer-cum-politician has projected a notably sound and clean image of the Foreign Affairs office with his wisdom and impressive academic credentials.
Wetangula is also one of the few leaders in the Government of Kenya with the capacity and quick wit to articulate state policies adequately, remarkably and satisfactorily.
He is also a no-nonsense politician with a knack for courageously dismissing what is viewed as unfair and unpopular policies from the western world, or some super powers, on behalf of the Kenya Government.
For instance, when the American Government imposed a visa ban on Attorney General Amos Wako for allegedly being an impediment to the reforms process in Kenya, Wetangula boldly criticized the move and warned that Kenya would also take a decision since it was a sovereign state.
With the striking of the election petition against him by the High Court, Wetangula has now become even more assertive, and he is currently riding on a wave of popularity.
The Foreign Affairs minister is among the most principled politicians Africa has ever produced.
The world has been keenly monitoring the progress and outcome of the election petition filed against him by John Waluke.
But Wetangula has now triumphed over it.The fact has struck Waluke like a thunderbolt.
Political observers are advancing the view that he is fighting a losing battle against the focused and development-conscious Foreign Affairs minister.
The option is either to wait until 2012 and face Wetangula in the next General elections, or throw in the towel and work in tandem with the increasingly powerful minister to enhance unity and development in Sirisia constituency.
As the aphorism goes,"If you can´t beat them, join them".
A QUICK GLANCE AT THE HIGH COURT´S LANDMARK RULING:
THE QUASHING OF WETANGULA´S POLL PETITION WAS WIDELY COVERED IN BOTH THE PRINT AND ELECTRONIC MEDIA IN EAST AFRICA.
THE LEADING AND LARGEST CIRCULATING DAILY NATION REPORTED:
Foreign Affairs Minister Moses Watang´ula seemed off the hook yesterday after the High Court struck out a petition challenging his election as Sirisia MP.
In her 14-page ruling, Bungoma resident judge Florence Muchemi, established that the court process server did not act in accordance with the law.
But the petitioner, Mr. John Waluke, vowed to appeal against the ruling.
His lawyer, Mr. Alex Masika, questioned how the judge could review a ruling by a fellow judge who had found that Mr. Wetang´ula had been properly served by alternative service.
He also questioned the ruling when it was clear that there is a case at the Court of Appeal on the same matter.
The judge said the court had powers to strike out a pleading even where the law did not have any express provisions, hence the decision by the court was premised on the principle that in the absence of an express power to strike out a pleading, the court could use its inherent powers provided for by section 60(1) of the Constitution.
The ruling follows an application on October 19 by Mr. Wetang´ula challenging the legality of the process server who served him.
The application had demanded that the entire petition be struck out on the grounds that the process server was neither registered nor authorized.
Also the applicant had prayed for the court to consider reviewing the earlier ruling delivered on May 27, 2008 by Judge Wanjiru Karanja over the same matter, who in her verdict held that Mr. Wetang´ula was properly served by alternative means.
The minister´s lead lawyer, Mr. A.B Shah, argued that the applicant sought for the review of the ruling by Lady Justice Karanja on May 27, 2008, which she held that Mr. Wetang´ula and the returning officer, Mr. James Kulubi, were properly served with the petition, dated March 31, 2008, and dismissed an application to strike out the petition for non-service.
In this regard, the applicant had indicated to the court that he had discovered new and important evidence which he did not have at the time the application was heard.
SIRISIA constituency, in Western Kenya, exploded into unfathomable joy and celebrations at the weekend, after the Kenyan High Court struck out a petition challenging the election of Foreign Affairs minister Moses Wetangula who is the area Member of Parliament.
Scores of happy Sirisia residents raced through the streets laughing in fresh outbursts of mirth, after receiving news that the polls petition against Wetangula had been thrown out by the High Court.
Excitement and a spirit of camaraderie reigned in Sirisia constituency which is ably and effectively represented in the Kenyan National Assembly by Wetangula.
The residents who were in a clearly joyful mood, asked the petitioner John Waluke to join hands with Wetangula in enhancing development and unity in the area for the benefit of the local people and posterity.
The residents advised Waluke against appealing against the High Court's decision saying it was a waste of time.
John Waluke should instead forget the past and work with Wetangula harmoniously in accelerating the tempo of development in Sirisia, they stated.
In reference to Waluke´s declaration that he intended to appeal against the High Courts ruling, the residents stressed that what they wanted was development and unity but not unnecessary election petitions.
The residents further advised John Waluke to wait until 2012 when the next General elections would be held,instead of spreading a blanket of confusion and antagonism in Sirisia with his petitions.
Moses Wetangula, a high-profile and distinguished lawyer by profession, has been the engine behind the realization of developmental goals in Sirisia.
Besides playing a pivotal role in the development and respect for the bar or legal practice in Kenya, Wetangula is widely respected for his stupendous contribution to the restoration of democratic ideals in this East African country, respect for human rights and other fundamental freedoms.
A great believer and adherent of the democratic tradition, Wetangula is a person of high integrity.
The lawyer-cum-politician has projected a notably sound and clean image of the Foreign Affairs office with his wisdom and impressive academic credentials.
Wetangula is also one of the few leaders in the Government of Kenya with the capacity and quick wit to articulate state policies adequately, remarkably and satisfactorily.
He is also a no-nonsense politician with a knack for courageously dismissing what is viewed as unfair and unpopular policies from the western world, or some super powers, on behalf of the Kenya Government.
For instance, when the American Government imposed a visa ban on Attorney General Amos Wako for allegedly being an impediment to the reforms process in Kenya, Wetangula boldly criticized the move and warned that Kenya would also take a decision since it was a sovereign state.
With the striking of the election petition against him by the High Court, Wetangula has now become even more assertive, and he is currently riding on a wave of popularity.
The Foreign Affairs minister is among the most principled politicians Africa has ever produced.
The world has been keenly monitoring the progress and outcome of the election petition filed against him by John Waluke.
But Wetangula has now triumphed over it.The fact has struck Waluke like a thunderbolt.
Political observers are advancing the view that he is fighting a losing battle against the focused and development-conscious Foreign Affairs minister.
The option is either to wait until 2012 and face Wetangula in the next General elections, or throw in the towel and work in tandem with the increasingly powerful minister to enhance unity and development in Sirisia constituency.
As the aphorism goes,"If you can´t beat them, join them".
A QUICK GLANCE AT THE HIGH COURT´S LANDMARK RULING:
THE QUASHING OF WETANGULA´S POLL PETITION WAS WIDELY COVERED IN BOTH THE PRINT AND ELECTRONIC MEDIA IN EAST AFRICA.
THE LEADING AND LARGEST CIRCULATING DAILY NATION REPORTED:
Foreign Affairs Minister Moses Watang´ula seemed off the hook yesterday after the High Court struck out a petition challenging his election as Sirisia MP.
In her 14-page ruling, Bungoma resident judge Florence Muchemi, established that the court process server did not act in accordance with the law.
But the petitioner, Mr. John Waluke, vowed to appeal against the ruling.
His lawyer, Mr. Alex Masika, questioned how the judge could review a ruling by a fellow judge who had found that Mr. Wetang´ula had been properly served by alternative service.
He also questioned the ruling when it was clear that there is a case at the Court of Appeal on the same matter.
The judge said the court had powers to strike out a pleading even where the law did not have any express provisions, hence the decision by the court was premised on the principle that in the absence of an express power to strike out a pleading, the court could use its inherent powers provided for by section 60(1) of the Constitution.
The ruling follows an application on October 19 by Mr. Wetang´ula challenging the legality of the process server who served him.
The application had demanded that the entire petition be struck out on the grounds that the process server was neither registered nor authorized.
Also the applicant had prayed for the court to consider reviewing the earlier ruling delivered on May 27, 2008 by Judge Wanjiru Karanja over the same matter, who in her verdict held that Mr. Wetang´ula was properly served by alternative means.
The minister´s lead lawyer, Mr. A.B Shah, argued that the applicant sought for the review of the ruling by Lady Justice Karanja on May 27, 2008, which she held that Mr. Wetang´ula and the returning officer, Mr. James Kulubi, were properly served with the petition, dated March 31, 2008, and dismissed an application to strike out the petition for non-service.
In this regard, the applicant had indicated to the court that he had discovered new and important evidence which he did not have at the time the application was heard.
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