The Court of Appeal in Kisumu has directed that the hearing of Homa Bay Governor Cyprian Awiti's election appeal will start in Nairobi next week.
Justice Erastus Githinji on Tuesday noted that an application seeking the security for Sh4 million costs awarded to former Kasipul MP Oyugi Magwanga will be the one to be heard in Nairobi, while the main appeal will be heard in Kisumu on May 11.
"The President of the Court of Appeal will, however, give instructions concerning the bench that will listen to the application and also the date when the application will be heard," stated Justice Githinji.
Magwanga was awarded the costs after High Court Judge Joseph Karanja declared Awiti’s election as null and void on February 20 this year.
Through his advocate Charles Kanjama, Magwanga and his running-mate Joshua Orero raised fears that Governor Awiti and the IEBC were not going to honor the payments.
“We want the costs to be increased to 20 million and they should be deposited to the Court of Appeal,” stated Kanjama.
In the appeal, Governor Awiti is being represented by Lawyer Otiende Amollo.
At first, lawyer Amollo was strongly opposed to the move claiming that it was against the regulations of the court for Kanjama to introduce a new piece of evidence, that had not been filed alongside the records of appeal.
Justice Githinji, however, gave accepted the prayer after Kanjama clarified that it was among the pieces of evidence that were filed in the trial court.
“The court will, however, advise on how the CD’s will be reproduced before they are played before the court,” stated Justice Githinji.