Mombasa High Court on Monday struck out an election petition after it was wrongfully served to an eight-year-old boy.
Justice Mugure Thande dismissed the case filed by a voter, Saad Yusuf Saad, challenging the election of Mombasa Woman Representative Asha Hussein Mohammed.
Ms Thande threw out the matter indicating that Mr Saad breached the rule of the petition by serving the case to the son of the lawmaker.
The High Court judge observed that the petitioner ought to have personally served the documents to Ms Mohammed or her lawyer.
[caption caption="Justice Thande Mugure"]
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Justice Thande further noted that the petitioner failed to advertise the filing of the petition in a national newspaper as required by law.
According to the judge, Mr Saad also failed to comply with rule 8 and 12 of the election petition by failing to indicate the date when the disputed election was held.
She, therefore, noted that the election petition was defective and should be struck out of the court.
“The petitioner failed to comply with rule 8 and 12 of the election petition.Therefore, the petition is incurably defective and hereby struck out,” she noted.
In his petition, Saad noted that the election was not free, fair and just and should be nullified to pave way for fresh polls to be conducted.
“This petition is meant to fight for a transparent process that will be used in future polls and not with any intention of politically fighting the elected leaders," he indicated.
[caption caption="MP Asha Hussein Mohammed"]
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