Kisii, Kenya: The Court has dismissed one of the two petitions challenging the election of Kisii Governor James Ongwae on August 8.
High Court Judge Hellen Omondi dismissed the petition terming it defective and a waste of court's time.
In his rolling today, Judge Omondi said that the petitioner had failed to adhere to the election petition rules.
She pointed out that the law allowed her to give room for amendments but this she said could prejudice the respondents and could turn out to be unfair.
The Judge said that the petitioner was in breach of the election petition Act by drawing a defective petition.
The case was filed in court by Lumumba Nyaberi who was the Wiper Party candidate in the Kisii Governor's race.
Lumumba emerged third after ODM's James Ongwae and Jubilee's Chris Obure.
Officials from Lumumba's party; Wiper who included his running mate Charles Burundi had opted to support ODM a day to the elections, a move that Lumumba termed illegal in his petition.
Ongwae is currently in the dock testifying against the second petition which was filed by two voters.