[Former Kitutu Masaba MP and ODM Treasurer Timothy Bosire. Photo/photo|the star]The petition challenging the Kitutu Masaba MP's election was discontinued on Thursday as the petitioner's lawyer could not attend.
The petitioner, a voter identified as Justus Omiti moved to court to challenge the victory of Shadrack Mose.
Shadrack who was a Jubilee aspirant garnered 33,386 votes against his closest rival Timothy Bosire who got 19,262 votes on ODM ticket.
Omiti is represented by lawyers Stephen Ligunya and Jackson Awelle and is questioning the manner in which the elections were conducted in the constituency.
Justice James Makau was informed by IEBC lawyer Paul Milan that lawyer Miguna is unwell and thus the case should be adjourned.
Paul, told the court that lawyer Miguna had called him to say he had been hospitalised.
The petitioner's witness Noah Akala - an IT expert, on Wednesday could not explain how he got information regarding electoral malpractices since he was not a voter in Kitutu Masaba.In the petition,Hon.Shadrack Mose is being represented by William Mogaka and Lazarus Mobage.