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Nyambati's Election Petition

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Published on Saturday, 18 September 2010 18:47

Meanwhile, the High Court in Kisii has dismissed with costs an application to strike out an election petition against the Kitutu Masaba legislator, Walter Nyambati.

The court also set hearing dates for the case starting from October 4 this year. Resident judge, Justice Daniel Musinga ruled that Nyambati's application where he claimed he was not personally served with the petition and incompetence by the court processor had no basis and could not stop hearing of the petition.

Musinga refused to allow requests for further delays reminding counsels for parties in the petition that the law required that the matter be dispensed with expeditiously.

Osoro Mogikoyo representing Nyambati had filed a preliminary objection seeking to strike out the petition with costs saying his client was not served with the petition personally.

Mogikoyo had also tabled a letter from the office of the court processors committee chairman claiming that the court processor who purported to have served the petition to Nyambati through the media and the Kenya Gazette had not renewed his license.

The argument had been upheld by the High Court before Court of Appeal judge Justice Philip Waki reversed the judgment.