Petition on Bomet Senator to proceed to full hearing
By Nikko Tanui
| June 5th 2013
By Nikko Tanui
Bomet, Kenya: Bomet Senator Wilfred Lesan’s request to have an election petition filed against him struck out has been denied.
In dismissing the request, Justice Aggrey Muchelule sitting at the Kericho High Court said the petition filed by former Bomet MP Nick Salat was properly before the court.
Lesan through his lawyer, William Arusei had last month during the pre-trial conference urged the court to throw out the petition on two grounds.
Lesan argued that the petition did not comply with rule 10(1)(c ) of rule 17 of the Election (Parliamentary and County Elections) petition rules, 2013 as read with regulation 83 of the Elections (general) Regulations 2012, under the Elections Act (No 24 of 2012).
“The petition doesn’t state the results of the election declared thus rendering the petition to be incurably defective,” he said.
The Bomet Senator had also sought to have the petition struck out by arguing the petitioner had not signed the petition as required by rule 10(2) of the Elections Act and therefore that failure rendered the petition to be incurably defective.
However, Nick Salat responded to the application saying he had provided the results of the elections and his advocate had signed the petition.
Justice Muchelule noted the petitioner made effort to state the results of each candidate who took part in the election.
“The court has reasonable picture regarding the results subject of the petition,” he said in his ruling.
On Lesan’s complaint regarding failure to sign the petition as required by the Elections Act, the High Court Judge noted his Advocate who was duly authorised by his client had signed the petition
“Rule 10(3)(a) indicates that and election petition shall be signed by the petitioner or by a person dully authorised by the petitioner,” Justice Muchelule said.
Salat termed the ruling a relief and added that it had paved way for his team of lawyers led by Erastus Orina to prove he was rigged out of the Bomet senatorial seat.
The hearing of the case will begin on June 17.
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