Mwakwere Defends Sh48 Million Petition Award

Nairobi Star (Nairobi)

Maureen Mudi

16 June 2011

Trade minister Chirau Ali Mwakwere has defended the awarding of Sh48.5 million as costs of an election petition against him, saying the amount is reasonable.

Mwakwere has filed a replying affidavit challenging an application filed by the IIEC who claim the amount is too big for the tax payer. But the Matuga MP who lost the petition but won a subsequent by-election said the amount is commensurate with the nature of the case, time taken and that the taxing master explained how he arrived at the Sh18 million for two lawyers. “The awards are not against public policy and the same will not in any way infringe the constitutional right of access to justice,” Mwakwere said. The IIEC, through lawyer Justus Munyithya, has asked the court to review the award.

But Mwakwere said the Sh1.8 million proposed for instructions is unacceptably low, taking into consideration the nature of the case and generally the time spent, and all the principles that fall for consideration in such matters.

Through his lawyer Alfred Mabeya, he further said the deposit of Sh250,000 by the petitioner has no correlation whatsoever with the costs taxed in a bill of costs. “The awards were just, the taxing master had exercised his discretion properly, in holding a by-election, the applicant was executing its own legal mandate and has nothing to do with an award of costs to the innocent party in the impugned election,” he said.

In an affidavit by the IIEC director of legal and public affairs, Praxedes Tororey, the petitioner, Ayub Mwakesi, and Mwakwere, had been awarded Sh24 million each, on February 18 this year, after costs of the suit were billed, and the same indicated as the legal fees and disbursements.

IIEC argued that it had already exhausted a surmountable amount of close to Sh50 million in the Matuga by elections, in 2010 and wanted the court to set aside the taxation award delivered on March 23 this year. The electoral body had been accused of flouting election rules and regulations during the 2007 elections in Matuga. The Returning Officer Ali Maalim Hassan was also awarded Sh4 million.

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