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MP Nyamweya Gets Nod to Cross-Examine Process Servers

SOUTH Mugirango MP Manson Nyamweya was yesterday allowed to cross-examine two court process servers. Nyamweya, through his lawyer Ogutu Mboya, sought to cross-examine the servers during the mention of an election petition challenging his election.

Justice Milton Makhandia granted the orders sought by Mboya and directed that the two John Oketch and Daniel Nyachuba appear in court on March 24 for cross-examination.

Two voters, Alex Mauti and Samuel Onchong'a, are challenging the election of Nyamweya in a by-election last year. Justice Makhandia also directed the petitioners, through their lawyer Johnson Omboga, to file answers to request for particulars by the MP and electoral commission within seven days.

Two weeks ago, Nyamweya filed an application seeking to have the election petition against him struck out. Through his lawyer Mboya, Nyamweya said he was not served properly.

The MP also argued that the petitioners prepared and issued a notice for publication in the Kenya Gazette same day they filed the case. "The presentation and lodging of the notice for publication in the Kenya gazette on the July 7, 2010 was premature, irregular, illegal and bad in law," he argued in the application. "Pursuant to the filling of the petition herein, it was incumbent upon the petitioners to effect service upon me within 28 days from the date of publication of the election results," he further argued.