A Nairobi court on Monday declined to grant an application seeking to invalidate the nomination of the Makueni Senator. Mr Justice David Majanja of the Judicial Review and Constitutional Affairs division declined to entertain the petition by Mr Sammy Mutwanyaa seeking to invalidate the nomination of Mr Mutula Kilonzo Jnr by the Wiper party on July 22, prior to the Makueni Senate seat by-election. Declining to allow the application, Justice Majanja told Mr Mutwanyaa that if he was aggrieved by the poll outcome he should file an election petition but not a judicial review. The judge further told the applicant that Mr Kilonzo Jnr, who won the Makueni Senate seat, was nominated three hours after a court allowed Wiper party to nominate another candidate to replace his sister, Diana Kethi, whose nomination had been invalidated by a court. Mr Mutwanyaa in his application claimed that the IEBC breached the Constitution and election rules by accepting Mr Kilonzo Jnr’s nomination papers. As the judge threatened to strike out the application, the petitioner’s lawyer hastened to make another application to withdraw it. The lawyer refused to reveal whether he would file a poll suit.
Posted on: Tue, 20 Aug 2013 11:07:16 +0000
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