Alice Wahome off the hook as court strikes out petition against her
The Murang’a High Court on Friday (November 24) struck out an election petition challenging the election of Kandara MP Alice Wahome in the August 8 poll, over failure by the petitioner to serve the lawmaker and the Independent Electoral and Boundaries Commission (IEBC).
Justice Hatari Waweru ruled that the Jane Mwaura- a voter failed to serve the electoral commission with the petition or notify them through an advertisement on a local newspaper with nationwide circulation.
“There was no serving that was done to all the respondents as there are two methods and which the petitioner failed to use. The MP has an office in Nairobi or in her Kandara constituency where she could have been sought to personally receive the petition,” Justice Waweru ruled.
Mwaura had moved to court to challenge the MP’s election on grounds that the August 8 election “was marred with massive illegalities and irregularities”.
The MP through her lawyer had asked the court to strike out the petition arguing that she had not been served and only learnt of the matter through a Kenya Gazette notice published on September 15.
The petitioner in her affidavits, however, told the court that she had made attempts to serve the MP by visiting her office but was chased away.
The petitioner, not present in the court session, was asked to pay Ksh.1.2 million as cost for the case.
Speaking to Citizen Digital, Mwaura said she will appeal against the ruling on Monday, November 27.
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