Duale seeks dismissal of poll petition appeal


File photo of National Assembly Majority Leader Aden Duale. PHOTO| COURTESY
File photo of National Assembly Majority Leader Aden Duale. PHOTO| COURTESY

In Summary

  • National Assembly Majority Leader Aden Duale has asked the Court of Appeal to dismiss an election petition appeal filed by former deputy speaker Farah Maalim.
  • Duale claims that the notice of appeal is contrary to the laid out procedures and an abuse of court process and ought to be struck off.

National Assembly Majority Leader Aden Duale wants a poll petition appeal filed by former deputy speaker Farah Maalim disregarded.

He has asked the Appeal Court to reject the notice on grounds that it was filed late.

“The said notice of appeal was filed seven days after the mandatory timelines and as such, Maalim has failed to institute the appeal within the prescribed time,” reads the court.

Mr. Maalim had moved to the appellate court to challenge the High Court decision that upheld Duale’s election as Member of Parliament for Garissa Township.

On February 27, High Court judge Justice Hedwig Ong’udi ruled that Mr. Maalim failed to provide sufficient evidence to back his claims that the Garissa Township election was marred by irregularities.

The judge dismissed all allegations raised by Mr. Maalim and ruled that Mr. Duale was validly elected.

The court then directed Mr. Maalim to pay Ksh.6 million as costs for the petition with half the amount to be paid to Mr. Duale and the rest to the Independent Electoral and Boundaries Commission (IEBC).

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Story By Dzuya Walter
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