Murugi's bid to stop petitioner fails
11 June 2013, 17:05
The Nyeri High Court on Monday dismissed an application by Nyeri town MP Esther Murugi seeking to dismiss a petition challenging her election.
Murugi had told Judge Jairus Ngaah that the petitioner, Wilson Nginga Kimotho, is a joker and his case should be dismissed.
Through her lawyer Wahome Gikonyo, Murugi had also argued that the petitioner was late in depositing the security money required by electoral commission.
However, the judge said the petition cannot be suspended just because money was deposited late by two days, arguing that the court ought to give the petitioner time to express himself.
In regard to time frame of filing a petition, the Judge said Nginga moved to court within the stipulated period and her argument was also fired.
He said the petition should be filed within 28 days after declaration of results and there are 15 days more to serve respondents.
Murugi had also told court that she was not properly served since the advertisement was not carried on a national newspaper but heard from members of public that she has been petitioned.
The advertisement was published in The Star newspaper as a classified ad and Murugi said it still did not have the required dimensions.
However, the judge ruled that the petition cannot be struck off on basis of mode of serving and said the advertisement served its intended purpose.
“The advertisement was of 8x12 cm instead of the 10x10 cm dimension required by the law but it achieved the purpose of intention,” said the Judge.
He noted that it would defeat law and logic to strike off the petition on grounds of the respondent's complains in regard to an advertisement.
Nginga who was vying for the parliamentary seat on a People’s Party of Kenya (PPK) ticket garnered 442 votes while Murugi who was running on a TNA party ticket garnered 28 564 votes.
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