The High Court has struck out a petition challenging the election of Kilifi Woman Representative Gertrude Mwanyanje and ordered the petitioner to pay Sh2 million.
Judge Asenath Ongeri, sitting in Malindi, said the petitioner, Aziz Mohammed, filed the petition outside the stipulated time and two petitions bearing the same date had been attached on it.
“There is evidence that the petitioner swapped the second petition with the first petition,” she said adding that “what the petitioner did when he swapped the petition is unacceptable and for this reason this court strikes out the second petition.”
Mr Mohammed, a resident of Malindi and supporter of Ms Amina Munyazi of Jubilee Party, had accused the electoral agency and Returning Officer Nelly Illongo of engaging in irregularities.
Justice Ongeri said the petition becomes the property of the court once it is filed and the only way the petitioner would effect changes would be by way of amendment within 28 days.
DISMISSED WITH COSTS
“The first petition having been removed, this petition has failed and the same is accordingly dismissed with costs to the respondents,” she said.
Ms Mwanyanje won the seat on ODM ticket, replacing former Women Rep Aisha Jumwa who bagged the Malindi MP’s seat.
Ms Mwanyanje, through lawyers Bwire Okano, had argued that the petition was filed outside time after the petitioner swapped the second petition with the first petition, against the law.
Earlier, Justice Ongeri had dismissed an application by Mr Mohammed seeking a scrutiny and recount of votes saying the application was premature.
Justice Ongeri further ordered the petitioner to pay the county returning officer Sh1 million and another Sh1 million to the Kilifi women rep.