A ruling on whether a petition challenging the election of Walter Nyambati as Kitutu Masaba MP will proceed for hearing is expected in two weeks.

A voter, Mr Justus Mungumbu Omiti, moved to the Court of Appeal after the petition was struck out on a technicality.

The High Court Judge Mohamed Ibrahim ruled that there was no evidence of any attempts of personal service before within the stipulated time of January 17, 2008.

Mr Omiti argues that the judge erred by ruling that the affidavit of the process server were heresy when they had been made under oath before a competent commissioner of oaths.