Former Kwale governor aspirant Chirau Ali Mwakwere at the Mombasa High Court during the hearing of a petition challenging the re-election of Governor Salim Mvurya. [Photo/ Maxwell Ngala]
An election petition challenging the re-election of Kwale Governor Salim Mvurya on Monday failed to kick off at the Mombasa High Court.The petition was filed by Mwamlole Tchappu Mbwana, a voter in Kwale.Mvurya’s lawyers, led by William Mogaka sought to have the case thrown out over failure to enjoin Deputy Governor Fatuma Achani in the petition.Mogaka said that apart from Achani not being enjoined in the petition, the case was not filed within 28 days after the declaration of the results as required by law.“My lady, we apply that this petition should not leave out the deputy governor. The petition also does not include the date when the winner was declared and what time the case was filed,” said Mogaka.However, Mbwana’s lawyer Anthony Wasuna told off Mogaka, arguing that the deputy governor was not elected and the petition was questioning the office of the governor and not the deputy governor.“We are challenging the election of the fifth respondent, in this case, Salim Mvurya and not the deputy Fatma Achani,” said Mogaka.Wasuna said the case was filed against the Independent Electoral and Boundaries Commission (IEBC), IEBC Kinango sub-county returning officer, Matuga sub-county retuning officer and his Msambweni counterpart.Lady Justice Mugure Thande adjourned the court sittings from 9 am to 11 am where she later ruled that both parties should do their submissions on Tuesday and set the hearing for Wednesday.However, Wasuna termed the application by Mogaka as a tactic to delay the petition since the exclusion of the deputy governor cannot warrant expunge of an election petition.“Anyway since this is a court of law which observes all the rights, we will give them time but we are prepared,” said Wasuna.The hearing of the application on whether to enjoin the deputy governor or not is scheduled for Wednesday, November 8, 2017.