his ability to campaign freely and caused him immeasurable
suffering during the entire campaign and election period.
11.
By reason of the foregoing, the Petitioner prayed for the following;
“1 . A declaration that the election of the 1st Respondent as a
Member of Parliament for Mwense Constituency is NULL AND
VOID AB INITIO.
2. A declaration that the 1st Respondent’s Election malpractices
do invalidate the resultant election results and that the same
ought to be nullified.
3. A remedial declaration in reaction to the illegal practices, acts
of intimidation and invasion of privacy by the 1st Respondent
that affected the Petitioner’s ability to Campaign freely and
caused him immeasurable suffering during the entire
campaign and Election period.
4. Such other declaration and orders as this Honourable Court
may deem fit.
5. An order that costs occasioned by the Petitioner be borne by
the Respondents”.
12.
At trial, the Petitioner called seven witnesses in support of his
case against the Respondents. PW1 was Mr. Christopher Phiri, a
teacher who testified about what happened before the election.
He deposed that five days before the voting day he was going to
the market, when he reached at the District Education Boards
(DEBS) office, Mr Moses Kasakula stopped him calling him by
name.
Mr. Kasakula told him that both himself and PW1 were
shortlisted on the list of those that would be transferred and/or
fired from Mwense District.
J10
PW1 asked him what he had done
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