The Court of Appeal on Friday dismissed a petition challenging Mr John Mututho’s election as Naivasha MP.
A three-judge bench ruled that the petitioner, Narc-Kenya’s Jayne Njeri Kihara, failed to include the constituency’s 2007 parliamentary election results in her petition.
Judges R S C Omolo, Samuel Bosire and Emmanuel O’Kubasu allowed Mr Mututho’s application, saying the failure to include the results was fatal to the petition.
“Besides, the petitioner does not have the results even now. Her advocate stated as much. If she does not have the results, what is she challenging?” they posed.
Mr Mututho turned to the Court of Appeal after his application was dismissed by Lady Justice Martha Koome of the High Court, sitting in Nakuru, in April.
The petition proceeded thereafter, with Ms Kihara convincing the same judge for a recount. During the recount, Mr Mututho emerged the victor but the case still proceeded, with Ms Kihara calling 19 witnesses to support her case.
The MP also testified in the case and called one witness, and the Electoral Commission of Kenya, which had also been sued, called two witnesses. All parties were readying themselves for submissions set for December 1.
That will not be, however, after the highest court in the land struck out the entire petition. The appellate court said the petition cannot be corrected at this stage.
In filing the petition, Ms Kihara said the returning officer, Mr Christopher Ajele did not tally the results or announce a winner.
According to her, no true and complete election took place for both parliamentary and civic seats in Naivasha.
