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January 18, 2019

Double blow for Mwakwere as court throws out appeal against Mvurya

Chirau Mwakwere./FILE
Chirau Mwakwere./FILE

Chirau Mwakwere's chance to redeem himself politically has been shattered as a court has dismissed his appeal against Kwale Governor Salim Mvurya.

Mwakwere failed to convince the appellate court to allow him and three others to substitute initial petitioner Mbwana Mpole after he filed a notice to leave the proceedings.

Mbwana filed the petition in September last year.

However, judge Mugure Thande struck out the petition at its preliminary stage citing failures of the petitioner to adhere to rules guiding the election cases.

She said the petition was defective and incurable and could not hold grounds.

Judge Mugure further slapped him Sh2.5 million cost

The petitioner was dissatisfied with Mugure's decision and therefore appealed.

Read: Mwakwere suffers major blow after Court throws out petition against Mvurya

However, Mbwana notified the court that he wanted to withdraw from the matter denying that he was the one who filed the appeal.

He further informed the court that he had not advertised calling for substitutes of the matter and that the person who advertised on a newspaper did that without his consent.

Appellate judges Martha Koome, Wanjiru Karanja and Alvishram Nassir who first dealt with the application to substitute the petitioners, said the application lacked merit.

They said persons who wanted to replace Mbwana did not follow the procedures in notifying the court of their intentions.

The judges said the appeal collapsed when the initial petitioner filed to leave the proceedings.

They noted Mbwana had complied with all the requirements needed for him to leave the proceedings.

The judges said with Mbwana not being the appellant, the entire petition had to collapse.

But Mwakwere who was dissatisfied with three-judge bench decision said he was moving to the Supreme court to contest the decision.

Also read: Mwakwere demands repeat polls as Mvurya retains Kwale seat 

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