Former Kwale gubernatorial aspirant Chirau Ali Mwakwere ( R) and Petitioner Mwamlole Tchappu Mbwana (L). [Photo/ Maxwell Ngala]
The High Court in Mombasa will on Tuesday next week rule on whether an election petition challenging Kwale Governor Salim Mvurya’s victory will proceed or be struck out.High Court Judge Mugure Thande told the court on Wednesday that the November 14 ruling will also explain to both parties if Kwale Deputy Governor Fatuma Achani will be enjoined in the case.The ruling will also establish whether the election petition was registered at the High Court within 28 days after the declaration of results as required by law.In his submission on Wednesday, the petitioner’s lawyers led by Tom Ambwere, Anthony Wasuna and Cherry Oyier told the court that the first, second, third, fourth and fifth respondents were only employing delaying tactics to ensure that the election petition against Mvurya is derailed.Senior counsel Tom Ambwere told the court that the first respondent being the Independent Electoral and Boundaries Commission (IEBC), the second respondents Kwale county elections manager and county returning officer Amina Hussein Soud were only trying to derail the petition which has already attracted public interest.“This election petition is so weighty in that we cannot allow our senior colleagues representing the respondents to misuse the rule of law so that it fits their arguments,” said Ambwere.He argued that deputy governors are not elected as they are only nominated to office by the governor during elections.On her part, Ms Cherry Oyier, the second petitioner’s lawyer said that the deputy governor rights will not be violated if she is excluded in the petition.“We, however, appeal to the court to recognize that the Deputy Governor Fatuma Achani, in this case, can file a separate case in the same court but not necessarily be enjoined in this particular election petition,” said Oyier.The respondents’ lawyers led my William Mogaka and Peter Wanyama asked the court to throw out the petition in its preliminary stages since it lacked merit.“Our colleagues in the petitioner side did not recognize the strength of the deputy governor post and that is why we are asking this honorable court to strike out the election petition since it lacked merit,” Mogaka told the court.However, IEBC lawyer Paul Nyamudi said if the court rules in favour of the petition, then all the parties should be accorded a fair hearing.Judge Thande assured the parties that she had recorded all the submissions and concerns, adding that she will rule on the matters of inclusion of the deputy governor in the petition and also the issue of the timeline of registering the petition at the high court on November 14.