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Magara loses bid to stop poll petition
- Details
- Published on Monday, 26 October 2009 09:04
Trade assistant minister Omingo Magara on Friday lost his bid to have an election petition against him quashed.
The Kisii High Court in Kisii ruled that it would proceed with the hearings next month as planned.
The decision came after judge Daniel Musinga quashed an application by the Interim Independent Electoral Commission (IIEC) to have the petition stopped on the grounds that it was not served with the court papers as required by law.
Mr Ibrahim Onyinkwa, for the IIEC, had applied before the court to have the proceedings of the petition stayed pending determination of an appeal he had filed.
Ms Julia Aulo, representing Mr Magara, had supported the submissions.
Mr Manson Oyongo Nyamweya, the petitioner had sued Mr Magara, Mr Joseph Sanganyi Omambia and the Electoral Commission of Kenya as the first, second and third respondents.
Mr Justice Musinga said the hearing of the petition starts as scheduled on October 12, and may go on for months, saying that the appellants would still have time to pursue their appeals before the Court of Appeal.
If the appeal is successful, the judge said, the hearing of the petition having commenced, may be rendered unnecessary.
In such a case, an order of costs will suffice.
Last week, assailants attempted to petrol bomb Mr Magara’s house in Ongata Rongai, near Nairobi. Two of the devices were detonated at the gate but nobody was hurt.
Seven MPs on Friday condemned the attack.
Education minister Sam Ongeri led six other MPs in calling for a speedy conclusion to the ongoing investigations into the attack.
Addressing a news conference in Parliament, the MPs said they would resist any attempts of violence against their colleagues.
Internal Security minister George Saitoti is set to report to Parliament once the investigation is complete.


