The National, Monday October 28th, 2013
THE Supreme Court has rejected an application by Peter Yama to review a lower court decision that declared Anton Yagama as the Usino Bundi MP.
Justice Colin Makail sitting as a one-man Supreme Court bench, refused the application, saying Yama’s evidence of alleged tampering of ballot papers was circumstantial.
Makail said Yama failed to establish why the National Court trial judge erred in his decision, warranting a review in the Supreme Court.
The National Court in September declared Yagama MP after it had ordered a recount of the votes that showed he had won the seat on absolute majority of votes under the limited preferential voting system. .
In his leave application, Yama raised eight grounds for a review. One of the grounds was on allegations of tampering of ballot boxes in the counting area.
Makail said he was not satisfied ballot papers were tampered with.
The Electoral Commission was the first respondent in the proceedings.