Kyerwa petition for hearing today

MEDDY MULISA in Bukoba

JUDGE Amaisario Munisi has ordered the petitioner for Kyerwa Constituency, Mr Benedict Mutungirehi (Chadema) to ensure that the remaining 24 witnesses are available for hearing today.

The Judge made the ruling yesterday afternoon when she granted the last adjournment. This follows strong objections raised by Advocates Peter Matete and Aaron Kabunga, on behalf of the first respondent, Mr Innocent Sebba Bilikwate (CCM).

Advocate Frank John, on behalf of the petitioner (Mutungirehi) had earlier asked the High Court to allow him to make amendments on Para 18 of the petition. However, this was strongly objected by Senior State Attorney Mr Killey Mwitasi, on behalf of the Attorney General, who argued that this would lead to abuse of the court process taking into consideration that the petition was in hearing stage.

Judge Munisi denied the prayer and ruled in favour of Mr Mwitasi. Advocate John then proceeded to call Edmund Pina, who was Chadema Agent at Kibimba Zahanati Polling Station. He told the High Court that a CCM candidate got 180 votes, Chadema (163) while ACT Mzalendo got only two votes. The witness asked the court to tender Form No. 21B with serial No. 04330.

However, Principal State Attorney Pendo Makondo objected arguing that the document was not admissible because it was not certified. The same objection was raised on Affidavits for Severian Simeo, Bruno Simeo and Abdul Aloys.

Venance Andrea who was Chadema Agent at Kashenyi Primary School Polling Station told the High Court that a CCM candidate got 166 votes, Chadema (202) and ACT Mzalendo (4) votes.

The petitioner, Mr Mutungilehi, who contested the October 25, 2015 general election on Chadema ticket, has asked the High Court to nullify the elections, order a recount of the votes on Form No 21B and be declared the winner.

Mutungilehi, who is former MP for Kyerwa (2000-2005), argued that the results obtained from 338 polling stations indicated that he won the elections by scooping a total of 52,023 votes against 49,236 votes of incumbent MP for Kyerwa, Mr Innocent Sebba Bilikwate (CCM), a difference of 2,787 votes.

He contends that instead, the Returning Officer announced Mr Bilikwate the winner with 46,040 votes against 43,194 votes of Mutungilehi. In the Petition Misc No 7/2015, the Member of Parliament (MP) for Kyerwa, Mr Bilikwate, is the first respondent, the Returning Officer is second respondent while the Attorney General is third respondent.

Mr Mutungilehi, is being represented by advocate Frank John.

The first respondent (Bilikwate) is being represented by Mr Peter Matete and Aaron Kabunga while the second and third respondents are being represented by Principal State Attorney Pendo Makondo and Senior State Attorney Killey Mwitasi.