By Robert Wanyonyi
Bungoma, Kenya: Bungoma Senator Moses Wetang’ula and the Independent Electoral and Boundaries Commission (IEBC) have jointly filed an application at the Bungoma High Court to have an election petition filed by Musikari Kombo struck out.
A team of lawyers representing Wetang’ula led and IEBC want the case struck out on grounds that Kombo had filed it late contrary to the provisions of the law.
But Kombo, through lawyers Alfred Ndambiri and Winston Ngaira argued that such an application could have been brought to the attention of the petitioner during the case’s pre-trial chamber.
However, Wetang’ula pressed ahead that the constitution clearly stipulates that the case should have been filed within 28 days after the declaration of the election results, which Kombo overlooked.
But Kombo maintained that the Election Act stipulates that the petition can be filed 28 days after the gazettement of the winner but not the declaration of the results as argued by the defendant’s lawyers.
In his ruling, Judge Francis Gikonyo told Wetang’ula and the IEBC to furnish Kombo with the application to be heard on Thursday this week and ordered the hearing of case to proceed.
