The Interim Independent Electoral Commission (IIEC) wants hearing of an election petition against South Mugirango MP Omingo Magara stopped.

On Monday, IIEC’s lawyer Ibrahim Onyinkwa applied to have the proceedings stopped at the High Court in Kisii, pending determination of an appeal he had filed.

Onyinkwa had challenged the case, saying he was not properly served. Justice Daniel Musinga had ruled the petition goes into full trial.

The petitioner, Mason Oyongo Nyamweya through his lawyer Ombati Omwanza, also argued stopping the proceedings was an abuse of the court process.

"The respondents have already compromised their rights. They had requested for particulars which we duly supplied for the hearing to begin," Mr Omwanza submitted.

He also said the appeal was filed out of time. "They should have filed the appeal within 30 days from the day the ruling was made," he added.

But Magara’s lawyer, Ms Julia Oulo agreed with Onyinkwa, saying the petition should be stopped on grounds the outcome of the appeal may render the petition irrelevant.