By WAMBUI PAULINE
Machakos IEBC returning officer Joyce Wamalwa told a Machakos high court that there was no law that prohibits public officers from participating in polls as presiding officers.
Ms. Wamalwa was testifying in a petition case filed by Wavinya Ndeti challenging the election of Dr. Alfred Mutua said the Machakos governor.
The officer told Justice Aggrey Muchelule who was presiding over the case that several public officers who are Machakos county government employees were part of the August 8th polls serving as presiding officers.
According to Hivisasa, Ms. Wamalwa was challenging the petitioner’s claims that the county government workers were illegally engaged as presiding officers in the polls acting for Dr. Alfred Mutua.
The officer when cross-examined by Wavinya lawyer Willis Otieno also said there is no law that says forms 37a should be officially stamped however adding that all forms were officially signed.
She also dismissed allegations by the petitioner that some forms were missing while delivering results for the governor seat.
After completion of her testimony, the court was forced to adjourn until Tuesday after the next key witness Dr. Mutua, who was supposed to testify declined to do so for reasons that his lawyers could not avail.
Senior lawyer Waweru Gatonye and Ben Musau could not vividly tell the court why their client could not testify yet, he was the next witness to be on the docket. This resulted to an exchange between the lawyers and justice Muchelule who finally adjourned the court to Tuesday morning to give the respondent’s lawyers to make up their minds on whether the Governor would testify or not.