Former Suna West MP Joseph Ndiege consults his lawyer Charles Midenga at Migori High Court to help pick polling centers

By MN Reporter

On Thursday, former Suna West MP Joseph Ndiege was taken to task to defend his petition at Migori High Court over Peter Masara’s win.

Appearing before judge Chemetei, Ndiege took to the witness box and was cross examined by Masara’s lead lawyer Omonde Kasera.

Ndiege said he had issues with forms 35A as “some were not given to us by returning officers to my agents.” He said most forms had different serial numbers, were not rubber stamped and were blank across some of the 88 polling centers in Suna West.

But it forced the judge to give Ndiege and his lawyer Charles Midenga 30 minutes when Kasera asked him to pick any polling center he had issues with.

WATCH VIDEO HERE: SUNA WEST PETITION: Ndiege struggles to explain losing to Masara in court

Ndiege later picked Kosege Primary Scchool, Oruba Primary School stream five, stream two of Abwao Primary School, Kokendi Primary School and stream two of Nyamilu primary school among others.

During cross examination, it emerged Ndiege never know his agents who never signed affidavits to confirm his allegations, never contested the results issued by returning officers.

“I am asking you a simple question, what is your quarrel with the polling centers you have picked if your form 35A are blank?” Kasera asked.

READ ALSO: Suna West: Masara supporters celebrate minor victory against Ndiege’s petition

At Stream two of Nyamilu Primary School, Ndiege claimed he should have gotten 262 votes instead of 242 after his agent Shem Aela gave him blank form 54A and gave him the results verbatim.

“In that stream the ODM agent was Silas Ooko, who signed and gave the election process a clean bill of health. If that is impersonation then you (Ndiege) did not report the matter at police station?” Kasera quizzed.

A total of 48 witnesses will take part in the petition which will resume hearing this Wednesday November 15 with Masara, IEBC and Suna West RO Julius Mwita being respondents.

READ ALSO: Suna West MP elect is Peter Masara, beating Ndiege despite being IND

Masara, who vied on an Independent ticket got 19,341 votes while Ndiege who vied on the popular ODM party got 18,316.

The margin in contention is 1,025 votes.