Relief for MP as court throws out appeal

By PATRICK KIBET

It is a relief for Kuresoi South MP Zakayo Cheruiyot after the High Court in Nakuru struck out a petition challenging his election.

The court also ordered the petitioner, Simon Sang, to pay legal costs of the appeal, dismissing his assertions that Independent Electoral and Boundaries Commission (IEBC) and Cheruiyot were not entitled to costs. Justice Roselyn Wendoh ruled the respondents were deemed served after the gazette notice even though there was no provision for service by gazette notice.

“I am satisfied that though not served with the petition, but having known of the filing of this petition through the gazette notice, a diligent party would have acted like the respondents did,” she noted. She held that IEBC and Cheruiyot could not have sat back after the gazette notice detailing petitions filed in court even though it was not a mode of service.

“I am satisfied that the respondents were lawfully on record having been drawn by the filing of this petition and therefore entitled to costs,” Justice Wendoh ruled.

Sang had moved to withdraw the appeal  after it was gazetted by Chief Justice Willy Mutunga, through his lawyer Mongare Gekonga on May 13. He said it was in the interest of the constituents to have the petition withdrawn.