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BY CORRESPONDENT,KILIFI ,22ND DEC 2017– Kilifi North MP Owen Baya and his Malindi counterpart Aisha Jumwa are a happy lot after High Court in Malindi dismissed election petitions against them.
Justices Dora Chepkwony and Patrick Otieno separately struck out the petitions against the two ODM legislators after finding them defective.
Justice Chepkwony struck out Cosmas Foleni’s petition for failing to deposit security on time and ordered him to guarantee cost of Sh2.7 million.
Mr Foleni, who is a former representative for Tezo Ward is said have challenged the Kilifi North parliamentary election on behalf of businesswoman Esther Kache, who vied for the seat on a Jubilee Party ticket.
Another application by Ms Kache who had sought to proceed with the case as ‘the intended petitioner’ for failing to commit herself by depositing security as required by law was also dismissed.
On his part Justice Patrick Otieno struck out a petition by Ernest Hizano challenging Ms Jumwa’s victory for failing to file the petition on time.
The judge also said the petitioner did not follow right procedure as described by law while swapping the original petition with the petition before the court.
The petitioner was also ordered to pay cost of Sh2.5 million to Ms Jumwa and the constituency Returning Officer Masha Sudi.