Richard Tong'i in Kisii  Law Court  during  the hearing of a petition challenging his win. (Photo Kwamboka)

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Kisii  High Court  Judge  Anthony  Ndung'u  has dismissed  application  of recount and scrutiny in a petition case  challenging the win of Mr Richard Tong'i the MP  Nyaribari  Chache  .

Mr Chris  Bichage who contested on an ODM ticket  filed an application  of recount  and scrutiny  before the court.

This happene after petitions by  Zaheer  Jhanda  and James  Kenani were dismissed.

Justice Ndung'u  stated  that the petitioner  would not be guaranteed  the order  for scrutiny and recount because he filed his petition late.

"The petitioner did not indicate the specific polling stations which the wanted the scrutiny done," said the judge.

In his affidavit, the petitioner stated that some in polling stations the number of votes cat exceeded the number of registered voters.

 The petitioner is being represented by Omwanza and Ombati advocate. 

While Mr Tong'i (respondent) is represented by lawyer Okong'o Omogeni .

Judgement of the petition will be on 28/2/2018.