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High Court confirms Mututho as Naivasha MP

By | Published Tue, December 2nd 2008 at 00:00, Updated Tue, December 2nd 2008 at 00:00 GMT +3

By Beatrice Obwocha

Mr John Mututho can now enjoy his seat in the august House.

This is after the High Court issued the National Assembly Speaker with a certificate confirming him as the MP for Naivasha.

Nakuru judge Justice Martha Koome ordered that the certificate be issued to Mr Kenneth Marende after the Court of Appeal struck out a petition by former Naivasha MP Jayne Kihara.

Mr John Mututho (right) and his lawyer Mutula Kilonzo Jnr after Justice Martha Koome issued a certificate confirming him as Naivasha MP. The appeal court struck out a petition by former MP Jayne Kihara. Photo: Lucas Thuo/Standard

The judge also ordered 225 ballot boxes in the custody of the court to be released to the Electoral Commission of Kenya. Mututho’s lawyer Mutula Kilonzo said after the issuance of the certificate, his client would file for costs.

Last month, the Court of Appeal struck out the petition on grounds that Kihara did not include, in her suit papers, the number of votes garnered by candidates who vied for the Naivasha parliamentary seat. Three appellate judges also ordered Kihara to pay Mututho (pictured) the cost of the suit. He moved to the Court of Appeal after Justice Koome dismissed his earlier application to have the petition struck out. The judge had insisted the petitioner’ failure to include the results was a mere irregularity.

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In the petition, Kihara had named Mututho, ECK, and former Naivasha returning officer Christopher Ajele as respondents. She claimed tallying of votes was not completed and the returning officer did not announce the winner.

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