Governor Moses Lenolkulal's win upheld

Appellate court judges dismiss appeal filed by Simeon Lesirma, who was the ODM candidate in last year’s election.

Samburu County Governor Moses Lenolkulal. FILE PHOTO | NATION MEDIA GROUP 

A court has upheld the election of Samburu Governor Moses Lenolkulal.

Appellate court judges sitting in Nakuru dismissed the appeal filed by Mr Simeon Lesirma, who was the ODM candidate in last year’s election, saying it was improperly served and filed out of time.

Justices Fatuma Sichale, Sankale ole Kantai and Philip Waki said the mode in which the notice of appeal was served was wrong after it emerged that it was delivered via a matatu from Nairobi to the Independent Electoral and Boundaries Commission advocate.

The court ruled that the decision by Mr Lesirma to send a matatu driver to serve the parties in the matter with the court documents was irregular and unacceptable.

“We are persuaded that the service of the notice of appeal was not accepted because the mode was unorthodox as the matatu driver was not an authorised process server,” said Justice Sichale.

Mr Lesirma moved to the superior court to challenge a judgment delivered by High Court judge Roseline Wendoh on February 23.

In the same court in Nakuru former Cabinet Minister Musa Sirma also lost his appeal against the election of Eldama Ravine MP Moses Lessonet.

The judges threw out the application on grounds that it was filed at the wrong registry.

According to the court, the notice of appeal was filed at the High Court in Kabarnet instead of the Court of Appeal in Nakuru.

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