Court won't rule on petition against MP yet

By Joel Okwayo

Ikolomani MP Bonny Khalwale got a reprieve in the case challenging his re-election after the High Court rejected an application seeking to have him dismissed prematurely.

High Court Judge Isaac Lenaola, who is hearing the case in Kakamega, argued the law does not provide for summary judgement of the case, adding the move would amount to locking out evidence from Dr Khalwale.

Lenaola said section 23 of the National Assembly and Presidential Elections Act does not give the court powers to wind up the case on summary judgement basis.

He noted that despite having inspected election materials, the MP has a right to be heard by court before closing the file.

The petitioner, Ben Shinali, had sought orders to have the court declare the Ikolomani Parliamentary seat vacant.

Mr Shinali wanted the case stopped after an inspection report showed there were irregularities in the election process.