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Former Bomet MP Nick Salat to know petition’s fate this Monday

By - NIKKO TANUI | June 1st 2013


KENYA: Former Bomet MP Nick Salat will know on Monday whether his petition challenging the election of Bomet Senator Wilson Lesan will proceed to full hearing or not. 

High Court Judge Justice Aggrey Muchelule made the ruling after hearing submissions from lawyer William Arusei representing Prof Lesan. The Senator wants the petition struck out over legal technicality in its filing. Arusei told the judge that the petition does not contain date of declaration of the results of the senatorial election.

 “This petition does not indicate votes cast, those rejected and above all the petitioner had not signed the petition papers,” Arusei argued 

Justice Muchelule, the Kisumu Resident Judge, was appointed to hear the petition by Chief Justice Willy Mutunga after the suspension of Kericho High Court judge Joseph Mutava. In his ruling yesterday, Justice Muchelule said after listening to the submissions from lawyers from the petitioner and the respondent sides, he would deliver the ruling on Monday on whether the petition will proceed to full hearing.

IEBC lawyer Zephania K Yego told the court the commission also wants the petition dismissed on the grounds that the petitioner did not adhere to all provisions of the Elections Act.

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