The National, Wednesday October 9th, 2013
By CHARLES MOI
THE Supreme Court will rule on Friday whether to review the National Court’s decision to dismiss an election petition for the Kagua-Erave seat.
Petitioner Daniel Tulapi, who represented himself yesterday in court, moved his application for review before Justice Colin Makail, who sat as a single bench judge.
Tulapi argued that the trial judge had failed in law by saying that he had failed to prove the intent of bribery allegedly committed by Kagua-Erave MP, Aiya James Lagea.
Talapi alleged that a bribe of K10,000 was given by Lagea to counting officials.
Tulapi claimed the K10,000 was given to counting officials in the counting room at Mendi before Lagea was declared winner of the seat.
During the election petition, Lagea had explained in court the money was given to the counting officials as a token of appreciation.
The National Court in August dismissed the election petition after the judge found that Tulapi had failed to prove that payments made by Lagea to counting officials was an inducement or reward for procuring Lagea’s return.
Lawyers who represented Lagea and the Electoral Commission opposed Tulapi’s application and asked for it to be dismissed.
Makail will give his ruling on 11 Oct.