Kitutu-Masaba MP fails to stop election petition

By Evelyn Kwamboka

Efforts by an MP to stop a petition challenging his election have flopped.

Kitutu-Masaba MP Walter Nyambati will now have to face his rival before the Kisii Election Court from March 30.

The decision by three appellate judges allows Justice Asike Makhandia to continue with the petition that was adjourned to await their ruling.

Mr Nyambati had filed the application before Court of Appeal judges, Justice Riaga Omolo, Justice Emmanuel O’Kubasu, and Justice Joseph Nyamu, seeking to stop the petition pending hearing and determination of an appeal he intended to file.

He moved to the court after Justice Daniel Musinga declined to dismiss the petition on grounds that the officer, who served him with the petition in 2008, had no license.

Delivering the judgement on behalf of his colleagues, Justice Nyamu said the court declined to issue the stoppage order because it breaches the new Constitution.

Unnecessary sideshows

"Any other temporary intervention from this court would constitute unnecessary sideshows," he said.

The election petitioner, Justus Omiti’s advocate, Pheroze Nowrojee, had argued the MP’s application was an abuse of the court process, adding further delay would see MP remaining in office to end of term.