Former Trans Nzoia Senator Henry Ole Ndiema (in a tie) outside the Eldoret High Court with supporters on October 9, 2017. [Photo: Joe Khisa]
A petition challenging election results for Trans Nzoia Senatorial seat will now proceed to full trial after the Eldoret High Court dismissed an application that sought to throw out the case.
Senator Michael Mbito had filed the application saying the petition by former Senator Henry Ole Ndiema had a lot of generalities and unqualified claims.
Eldoret High Court Judge Gorge Kimondo, however, dismissed the applications saying "it will be serving the injustice to the petitioner if the case is terminated at this level.
"Justice Kimondo also declined to issue orders of scrutiny of KIEMs kits used in the August 8 Trans Nzoia Senatorial election as requested by the former Senator.
Ole Ndiema had applied that he be allowed to have read-only access to the KIEMs kits and make copies that would subsequently allow him to file further affidavits of new evidence.
"We're glad that an application to struck out an entire petition or portions of the petitions has been dismissed and we're now set for the hearing of this matter," said Paul Nyaosi, a lawyer representing the petitioner.
Ole Ndiema is seeking nullification of the Trans Nzoia Senatorial results in which he lost to Mbito claiming the election was marred by massive irregularities and illegalities.
IEBC declared Mbito of Jubilee as the winner after he garnered 71, 471 votes ahead of Ole Ndiema who finished second with 70, 846.
Hearing for the case is scheduled to start from 13th to 20th December 2017.