Election petition still haunts MP as hearing date set

By ROBERT NYASATO

An election petition against Kitutu Masaba MP Walter Nyambati will proceed to full hearing, the High Court in Kisii has ruled.

Dismissing the MP’s application to strike out the petition for lack of personal service, Kisii Resident Judge Daniel Musinga said the matter had been dealt with at the Court of Appeal.

"This application was an abuse of court process since the matter had been decided at the Court of Appeal where all parties were represented by able and experienced counsel," Justice Musinga ruled on Thursday.

In the application through his lawyer Jackson Omwenga, the MP wanted the petition moved by Mr Justus Omiti, a voter, dismissed on grounds a process server John Atieno Angwa who attempted to serve him with the petition was not licenced at the time he was doing so.

Justice Musinga overruled another application by Mr Omwenga for leave of court to appeal against the ruling, said it was the respondent’s constitutional right to appeal and needed no approval.

Further prayers for a grace period of two weeks and temporary stay of status quo were rejected, after lawyer Patrick Kerongo for the petitioner, opposed the application saying it was intended to delay conclusion of the matter. Justice Musinga fixed the hearing dates for the main petition and asked counsel to avoid wasting the court’s time, since the law required election petitions be heard on priority basis.

The petition will be heard consecutively from October 4 to 15 after which new dates will be taken.

"I expect you (parties) to co-operate as we will not entertain unnecessary adjournments unless on extreme circumstances," judge ruled.