High Court dismisses petitions against MPs Aisha Jumwa and Owen Baya

Friday December 22 2017

Aisha Jumwa

Malindi MP Aisha Jumwa addresses a crowd during a past event. FILE PHOTO | NATION MEDIA GROUP 

By CHARLES LWANGA
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The High Court in Malindi has dismissed election petitions against Kilifi North MP Owen Baya and Malindi MP Aisha Jumwa.

Justices Dora Chepkwony and her counterpart Patrick Otieno separately struck out the petitions against the two ODM legislators after finding them defective.

Justice Chepkwony struck out Cosmas Foleni’s petition for failing to deposit security on time and ordered him to guarantee cost of Sh2.7 million.

Mr Foleni, a former representative for Tezo Ward is said have challenged the Kilifi North parliamentary election on behalf of businesswoman Esther Kache, who vied for the seat on a Jubilee Party ticket.

The judge also dismissed another application by Ms Kache who had sought to proceed with the case as ‘the intended petitioner’ for failing to commit herself by depositing security as required by law.

On the other hand, Justice Patrick Otieno struck out a petition by Ernest Hizano challenging Ms Jumwa’s victory for failing to file the petition on time.

The judge also said the petitioner did not follow right procedure as described by law while swapping the original petition with the petition before the court.

Justice Otieno further ordered the petitioner to pay cost of Sh2.5 million to Ms Jumwa and the constituency Returning Officer Masha Sudi.

So far, the High Court has dismissed petition of seven out of the eight legislators in Kilifi County.

Kilifi Governor Amason Kingi and his younger brother, Michael Kingi who is the MP for Magarini are still fighting against their petitions separately at the Malindi High Court.