Lamu west MP Stanley Mbugua.  [Photo: Facebook]

Is there a story unfolding in your community? Let Hivisasa know

A Malindi high court will on October 13 give a ruling on whether Lamu West MP Stanley Muthama will be struck off from the hearing of a petition challenging his election on August 8.

This is after ODM Parliamentary Candidate Rishad Amana who is challenging the victory of Muthama filed an application at the Malindi high court seeking the legislator to be struck off from the petition for failing to submit his responses in time as required by law.

Justice Weldon Koriris set to rule on the application which may either see the Muthama out of the petition or be allowed to be respondents in the hearing.

Amana who was present in court said through his lawyer Abddalla Salim Busaidy said the petition was filed on September 4 within the 28 days’ time limit and served on September by means by of advertisement.

He said as per the constitution the respondents may file a response in seven days after getting the petition failure to which they are automatically stuck off.

Busaidy said Muthama’s advocate was provided with a copy of the petition on September 14 and had time to file a response within seven days but failed.

“It is mandatory that a respondent who has not filed a response as required shall not be allowed to appear to act as a party, the process can proceed without him,’’ he said.

The petitioner’s lawyer said in exercising the special jurisdiction the court has to examine the application in accordance with the statute.

He said the court had no jurisdiction to expand as it is not provided in the election petition laws.

“The petitioner has only 28 days no court can expand it, if the petitioner can’t get an extension no petitioner can be allowed,’’ he said.

Busaidy also asked the court to allow their application to struck out the third respondent.

The IEBC through lawyer Muchai Lumatete any judge is entitled to handle any matter that comes to them without considering any technicality.

Amana also successfully obtained orders from the court for preservation of election of election materials pending the hearing of the petition.