The High Court in Kisii has dismissed one of the consolidated petitions challenging Governor James Ongwae's elections victory.
Justice Hellen Omondi struck out Lumumba Nyaberi’s petition on grounds that it was defective.
In her ruling on Wednesday, Omondi said the petitioner mentioned Ongwae but left out his running mate Joash Maangi.
She noted Maangi cannot be separated from Ongwae’s election so the failure to mention him amounted to prejudice.
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Last week, Ongwae's lawyer Okong’o Omogeni urged the court to dismiss Nyaberi’s petition as it is "incurably defective.".
Omogeni told the Court that Nyaberi who run on a Wiper Party ticket in the August polls did not bring to court any substance to allow arbitration.
He said the petitioner had
only listed IEBC, county returning officer Sidney Namulungu and him as respondents.
The lawyer added that many times in the petition,
Nyaberi mentioned his running mate Charles Birundu and Laban Chweya as respondents and left his client out.
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