Thursday, February 16, 2012

Petition against Chipungu fails

Petition against Chipungu fails
By Namatama Mundia
Thu 16 Feb. 2012, 12:01 CAT

KENNETH Chipungu yesterday said he had been spending sleepless nights over the decision by losing candidates in the 2011 elections to petition the Rufunsa seat.

Speaking to journalists after Lusaka High Court judge Nigel Mutuna dismissed an election petition for Rufunsa Constituency filed by losing PF candidate Philip Mutantika and his UPND counterpart Shel Mulyata with costs, Chipungu thanked his wife for supporting him.

"I am a free man now and I shall go and work so that I finish the projects I started," he said.

Chipungu said he was very happy that the petition had been concluded.

He added that despite his impression that the Judiciary would be biased, allegations against him had been dismissed because they were lies.

He said he was a man of integrity who people in his Constituency voted for.

And delivering judgment, judge Mutuna said the petitioners did not prove all the allegations of electoral malpractice against Chipungu.

He said it was clear from the 18 petitioners' witnesses that they did not give evidence on what impact the alleged undue influence of Chipungu had on them.

Judge Mutuna said the petitioners failed to prove that whatever illegal acts complained of were consented to and committed by Chipungu.

Judge Mutuna also dismissed allegations that Chipungu distributed maize, adding that the petitioners' evidence was insignificant as they stated that they did not see him or his agents distribute the maize.

He added that the evidence of the petitioners on the distribution of maize was clear hearsay and that there was no proof Chipungu purchased hammer mills.

Judge Mutuna then dismissed the petition with costs, the same to be taxed in default and granted leave to appeal.

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