Lawyers warned over delayed submissions

By Renson Buluma

Busia resident judge Francis Tuiyott has threatened not to include written submissions by lawyers in a petition challenging the election of Funyula legislator Paul Otuoma if the submissions are not filed and served by Monday next week.

Tuiyott, while giving the order on Monday, said he was constrained by timelines and thus would not entertain any further delays from lawyers.

“I will not be boxed into some unnecessary emergencies because this court has been extremely indulgent. I will allow submissions to be filed and served by Friday August 30, if not, I will make my ruling without the submissions,” said Tuiyott, adding that the ruling will be on notice.

More days

The judge’s orders followed failure by lawyer Alex Masika, who is representing petitioner John Nagafwa, to file and serve his submission in time to enable defence lawyers to respond. The delay came despite the court having granted him (Masika) three more days to do so.

Masika had asked for 10 days instead of the agreed seven days to prepare, file and serve his written submission and this was supposed to be done by August 20.

“We were unable to comply with the order to have our submission filed and served within 10 days, but we were able to serve the respondents with an unfiled copy (via email) of the submission so that we would not delay the matter,” said Masika.

However, Otuoma’s defence counsel, Oundo Wangalwa, who was standing in for lead counsel and Siaya Senator James Orengo, and IEBC lawyer Maina Mutahi, told the court that they had not been served the written submission by August 22 and therefore needed more time — until Thursday August 29 — to respond to the petitioner’s submission.

The judge granted the request but said the lawyers will not be able to highlight their submissions before the court because of time.

He also directed that the defence lawyers only respond to issues of law pertaining to the case in the petitioner’s submission.