An MP has filed an application at the High Court seeking to have a petition against his election struck out.

Through lawyer Jackson Omwenga, Kitutu Masaba MP Walter Nyambati on Monday told the court that the petition had no basis because he was not personally served.

However, lawyer Patrick Kerongo for the petitioner, Mr Justus Mong’umbu Omiti, asked Kisii resident judge Mr Justice Daniel Musinga to give directions regarding the application, saying that the same was dismissed by the Court of Appeal.

Mr Justice Musinga told the parties that the matter had only come to court for directions, but since the first respondent had filed the application seeking to have the petition struck out on the basis of personal service, the court will have to be given more time to peruse the application.

Mr Omiti who filed the petition against the MP, wants a scrutiny and recount of votes cast, claiming that the 2007 exercise was not conducted in accordance with election rules and regulations.

He also wants the court to nullify the election of Mr Nyambati as MP.

Mr Justice Musinga gave the parties involved 10 days to file their papers before he gives his directions on July 23.

The petition was struck out in the initial stages, but the Court of Appeal reinstated it, saying Mr Justice Ibrahim Mohamed was wrong in dismissing it.

Newspapers

Appellate judges Philip Tunoi, Philip Waki and Erastus Githinji, ruled that the MP had been served through newspapers after efforts to serve him failed.

Mr Justice Musinga has since heard and determined two election petitions against former Bomachoge MP Joel Onyancha and former South Mugiranngo MP Omingo Magara.

The two lost their seats to the petitioners — Mr Simon Ogari in Bomachoge and Mr Manson Oyongo in South Mugirango.