The National, Wednesday October 23rd, 2013
By CHARLES MOI
ELECTION petitioner John Warisan has asked the Supreme Court for leave to review a decision by a lower court to dismiss his case against Ijivitari MP, David Arore.
Warisan, represented by lawyer Philip Waraniki, wants a review on the decision of the National Court of Aug 23 which dismissed his petition on the ground that no common roll was produced as evidence in court to support allegations of bribery by Arore’s supporters during the 2012 general election.
Justice Sir Salamo Injia, sitting as a one-man Supreme Court bench, will rule on the matter on Nov 8.
Waraniki argued the trial judge erred in law by dismissing the election petition.
He said it was the duty of the Electoral Commission to make available the common roll for the courts.
The commission’s lawyer submitted that the onus was on Warisan to make available the common roll in court during the election petition.
Sir Salamo said he needed time to deliberate on the submissions before making a ruling.