Setback for Esther Murugi as judge rejects plea to dismiss petition

By Standard Team

Nyeri, Kenya: Nyeri MP Esther Murugi Monday suffered a setback after the High Court declined to strike out a petition challenging her election.

While dismissing the application, Justice Jairus Ngaah ruled that the election case was properly before the court. The judge said that reasons given by Murugi and the Independent Electoral and Boundaries Commission (IEBC) were not sufficient grounds for the court to throw it out.

“I dismiss the respondents’ motion to strike out the petition challenging the election of the Nyeri MP,” Justice Ngaah ruled.

The election of Murugi has been challenged by Wilson Nginga, one of the unsuccessful candidates in the parliamentary race on March 4. Nginga claims the electoral process was not free and fair.

Murugi, through lawyer Wahome Gikonyo, had sought to have the petition struck out on grounds that petitioner had not met the required rules. She submitted that Nginga had not deposited the Sh500,000 security within the mandatory 10 days before the petition.

“My client (Murugi) knew about the petition from members of the public. She was not properly served,” said Gikonyo.

Meanwhile, the petition against the election of Nyeri Governor Nderitu Gachagua will proceed to full trial. High Court Judge Justice James Wakiaga rejected a plea by IEBC and Gachagua to have the petition dismissed.

The electoral commission and the governor wanted the petition struck out on the basis that it was filed prematurely. Justice Wakiaga noted that he had taken time in preparing his ruling. He explained that it was unique because it was the only one dealing with premature filing of an election petition.

The judge, however, agreed with the respondents that the case was filed prematurely but declined to strike it out because of the technicality.