The High Court in Kisii on Monday dismissed with costs an application by Kitutu Masaba MP Walter Nyambati to have an election petition against him struck out.

The court at the same time dismissed another application by the MP seeking to suspend the hearing of the matter until a case he has filed in the court of appeal is heard and determined

The court presided by resident judge Justice Milton Makhandia instead directed that the petition enters into full hearing beginning Monday until February 17.

In a 40-page ruling, Justice Makhandia said the two applications by Mr. Nyambati lacked merit.

At the same time Justice Makhandia dismissed claims that the returning officer during the 2007 election Mr. Lawrence Sempele was not served saying evidence suggested that he was indeed served and accused the MP of being unreliable.

He also accused the MP of re-introducing cases which had been heard and determined before.

Justice Daniel Musinga who has since been transferred had earlier ruled that the application to dismiss the petition on grounds that the process server John Angwa was not qualified, was unlicensed and never served Nyambati personally could not hold since the matter had been dealt with in the Court of Appeal.

The election petition against Mr Nyambati was filed by a voter Mr. Justus Omiti Mong'umbu.