Governor Twaha rejects bid to transfer poll appeal case

Lamu Governor Fahim Twaha has opposed an application by his predecessor Issa Timamy to transfer an election appeal case to Nairobi.

Mr Timamy is seeking to have the appeal against a court decision upholding Mr Twaha's election heard in Nairobi

Through lawyer Maurice Kilonzo, Mr Twaha told the Court of Appeal in Mombasa that it does not have jurisdiction to transfer the case.

"This court does not have jurisdiction to transfer an appeal file in its registry to another registry of concurrent jurisdiction, unless it is by consent of the parties," Mr Kilonzo said on Thursday.

Thus, Mr Kilonzo told appellate judges Alnashir Visram, Wanjiru Karanja and Martha Koome to dismiss the request.

"This court does not sit on convenience of an advocate, there are considerations for a matter to be transferred from one registry to another," he said.

REJECTED

Further, Mr Timamy said that though Senior Counsel Pheroze Nowrojee is unwell, he had instructed him to act on his behalf alongside Mr Yusuf Aboubakar.

But Mr Kilonzo argued that he is yet to receive a notice of Mr Nowrojee's appointment.

Also, the Independent Electoral and Boundaries Commission, through lawyer Martin Munyi, opposed the transfer request.

Mr Munyi argued that as per the application, there was no medical document indicating that Mr Nowrojee was unable to travel to Mombasa.

"Maybe there are other reasons which are not disclosed in the application, there are alternative methods which can be used such as video conferencing and Skype," Mr Munyi suggested.

ERROR

Lawyer Okoth Odera and Mr Aboubakar, appearing for the former governor, told the court that it has jurisdiction to decide where the case can be heard.

According to the application, Mr Nowrojee has avoided work-related travel for the past eight months to prevent worsening of his condition.

The court further heard that no party will suffer prejudice if the case is transferred.

In his appeal, Mr Timamy argues that High Court Judge Dora Chepkwony erred in law in deciding that Mr Twaha and his deputy were validly elected, which was contrary to the evidence he had tendered.