Kwale Women Representative Zuleikha Hassan ( R) addressing journalists outside the Mombasa Law Courts. [Photo/ Maxwell Ngala]
Kwale Women Representative Zuleikha Hassan wants an election petition challenging her win in the August 8 elections struck out.Hassan argued that the petitioner failed to comply with the election petitions rules.She said the petitioner, Omari Mwakaole who is a voter in Kwale failed to deposit Sh500, 000 as security for the petition cost.Through her lawyer Japhet Asige, Zuleikha also said the petitioner ought to have declared, printed and presented before the court the election results he is contesting.Asige argued that the petitioner left the court with a guessing assignment of the results of the disputed election.“It is clear that the petitioner is a mere busy body and a political idler that is why the law is very clear on provisions governing election petitions to avert such people,” said Asige.The lawyer termed reasons given by Mwakaole as mere excuses which should not be relied on by the court in giving its ruling.Mwakaol had told the court that he fell sick after filing the petition, therefore failed to deposit the required Sh500,000 as the petition’s security.“He did not show any proof that he was sick neither did he present any documents to the court. This is insufficient and therefore the court can’t extend time to the petitioner,” said Asige.Mwakaole is seeking nullification of Zuleikha’s election on grounds of irregularities and claims that the election was not free and fair.In his submission, Asige told the court that despite filing the petition two months ago, the petitioner is yet to deposit the money to convince the court that he is ready to proceed with the petition.“The court should throw out the petition and dismiss it as provided in the constitution where petitioner fails to follow the law in filing an election petition,” he said.IEBC lawyer Augustus Wafula also asked the court to strike out the petition arguing that the petitioner’s failure to deposit the security shows he is not serious.Wafula argued that the law is very clear on issues required to be considered in filing an election petition such as depositing security and printing election results, which the petitioner failed to honour.“The petition as of now is defective and should be struck out. We don’t want to waste the courts time where the petitioner is not ready to continue,” said Wafula.In his submission the petitioner’s lawyer Makaya Oweya, however, said that the court has jurisdiction to extend the time for them so that they can deposit the security.“The prescribed time for depositing security for a petition is not substantial but procedural,” said Oweya.Oweya said the petitioner should be allowed to pay the security deposit before the petition hearing proceeds.High Court Judge Justice Njoki Mwangi set December 8, 2017, for the ruling of the application by the parties.“I will deliver the ruling at 11:30 on December 8, 2017,” said Justice Mwangi.The case is being heard at the Mombasa Law Courts.