Taveta MP Naomi Shaaban has requested Voi high Court to strike out a petition challenging her election on August 8 terming the petition as flawed.
Through her lawyer Noah Nyakundi of Nyakundi and Co. advocates, the legislator on Monday told Voi High Court Judge Jackline Kamau that the petitioner was not serious in his case and was attempting to avoid the consequences of the petition through frustrating the judicial process.
The lawyer questioned the competence of the petition filed by ANC’s Morris Mutiso challenging her election by arguing that the documents in courts had not been signed by the petitioner.
Neither Mr. Mutiso, the petitioner nor his lawyer were present during the hearing.
In August, Mr. Mutiso had filed a petition at Voi High Court challenging the election of Naomi Shaaban as Taveta MP, claiming the electoral process was marred with irregularities.
IEBC lawyer Anthony Milimu said the process to serve the petitioner or his lawyer has been deliberately frustrated and asked the court to strike out the petition.
Mr. Milimu pointed out that failure of the petitioner or his lawyer to appear in court was an indicator of lack of seriousness to prosecute the petition.
This appears to be wastage of judicial time as the petitioner is not interested in the case, argued Mr. Milimu.
However, Judge Jackline Kamau directed that all parties should appear before her on a pre-trial conference on November 6.
She added that the court needed time to scrutinise all the documents and establish if the court serving process was also done correctly.
She further directed that the respondents should attempt to serve the petitioner with their response before the pre-trial date.
Source: Kenya News Agency