The High Court on Friday struck out a petition challenging the election of Vihiga Member of Parliament Ernest Kivai.
The petition filed by Jubilee Party Candidate Mrs Emily Nyabuto was thrown out by High Court Judge Justice David Majanja, citing non-attendance by the petitioner.
[caption caption="Vihiga MP Ernest Kivia (centre) celebrating outside Kisumu Law Courts"]
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Mrs Nyabuto skipped all the court sessions, making the respondents in the case; the Independent Electoral and Boundaries Commission (IEBC) and Mr Kivai question her seriousness with the proceedings.
She had filed the petition on September 6 and a date was fixed for the hearing, but neither she nor her lawyer was present on the set date.
“My lord this non-attendance shows lack of seriousness from the petitioner and the case should be dismissed,” Mr Odhiambo argued.
However, Justice Majanja stated that Mrs Nyabuto had claimed that she was not aware of the withdrawal application and that she had not advised her attorney to pull out.
“The non-attendance displayed by the petitioner shows lack of seriousness. I, therefore, dismiss the case with costs to the respondents,” Justice Majanja stated.
Mr Kivai commended the court’s move stating that from the onset, he knew the case was impractical.
“The petitioner came last in the elections. When I was declared the winner, those who performed better than Mrs Nyabuto conceded defeat and congratulated me. I am happy the court realised that the case was frivolous,” stated Mr Kivai.
Justice Majanja is expected to rule on another application filed against Kisumu Governor Anyang Nyong’o by former Kisumu governor Jack Ranguma on Tuesday next week.
[caption caption="Justice David Majanja"]
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