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Kenya: Kisumu Court Upheld the Petition challenging the election of Kisumu West MP

Posted by African Press International on May 30, 2013

  • By Maurice Alal, API Kenya

Kisumu Law Court has upheld the petition challenging the election of Kisumu West Member of Parliament Olago Aluoch following his prayer for the dismissal of the case citing delays of bond payment by the petitioner.

Justice Hillary Chemitei dismissed the request on the ground that the petitioner Rosa Buyu made the payment within the stipulated time.

The Judge said April 19, 2013 being the last day to remit payment the petitioner did not breach the law as claimed by the respondent.

Olago had earlier argued that the petitioner Buyu represented by lawyers Stephene Mwanesi and Millicent Ogutu deposited the checks late.

Because April 19, 2013 fall on Friday he argued that technically the cheque will take three days to mature.

Buyu presented 2 bankers cheque of Ksh. 250,000 as the security for case challenging the election of Olago. An affidavit by Buyu through her lawyer Millicent Ogutu states that the deposit was made on April 19, 2013 in line with Election Act.

The Act states that payment for the bond should be made within ten days this therefore Justice Chemitei find it necessary for the case to proceed.

However, Independent Electoral and Boundaries Commission (IEBC) lawyer Jude Ragot seek for judge’s permission for application in the Court of Appeal to challenge the ruling on payment of the bond by the petitioner. The application was also requested by Olago.

Chemitei allowed the request by the respondents saying the petition has to proceed citing that the cases has to be concluded within 6 months as by the Election Act.

Buyu through her lawyer Mwanesi supported the prayer by respondents saying the case will proceed until the Court of Appeal will issue an order to stop the case.



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