Osotsi now wants petition against his election struck off

Vihiga Senator Godfrey Osotsi’s advocate Jackson Awele wants a petition challenging his client’s election struck out for failing to meet the threshold.

He said the petition filed by by Babira Ndeda on September 8 challenging  Osotsi’s election failed to meet the requirements as per the court statutes.

"Once you file a court case relating to elections you have to pay security cost within 10 days which Ndeda's team failed to do on time," Awele said.

"It's  October 14 now, Ndeda's team is yet to pay security cost they have paid Sh400,000 against the Sh500,000 and it's like they are negotiating for what to pay which is against the statutes," he added.

Awele while addressing the press said if the opponent fails to pay security fee then the case will not have any future in court.

He further said the petitioner failed to serve Osotsi's office with court case documents.

"We were served with those documents on September 27 , 2022 after we had urged them to do so," Awele said.

“Once someone files a case against you he/she has to serve you with those court documents within timeframes to give you room for preparation,” he said.

Awele said they only learned about the case via the media which is against the law a move that made them to move with speed reach out to them.

According to Kenyan laws, any petitions regarding elections have to take only six months and already 30 days have elapsed with the case still on pre trial since it was filed and the petitioners haven’t gone to seek an extension period.

IEBC and Vihiga County returning officer Peter Tiyo are the First and second respondents while Osotsi is the third respondent.

Already IEBC has indicated the case should be struck out.

Awele said the case is a political witch hunt to derail Osotsi development agenda for Vihiga residents.

“Osotsi was declared as winner by IEBC after August 9 general election, he won the election with huge margins and other opponents accepted it,” Awele said.

Vihiga High Court jugde Joseph Karanja  is set to make a decision on October 19 whether the case is valid for hearing or not.

“All parties in this case make sure you make your submission within the required timeframes and on October 19 the court will be making a decision on whether it meets the merits or not,” Justice Karanja said.

“If the case meets the threshold then the court will set the hearing dates going forward," he added.