Nancy Akinyi
7 May 2008
Nairobi — Public Health minister, Beth Mugo has lost her bid to have an election petition against her struck out.
The Dagoretti Member of Parliament will now have to brace for a full court battle for the seat with her challenger, Mr John Kiarie, beginning this Thursday.
Milimani Commercial Court Judge Luka Kimaru threw out Mrs Mugo's application seeking a summary dismissal of the petition over alleged failure by Kiarie to detail malpractices that marred the elections in Dagoretti during the hotly contested polls in December.
"In the court's view, the petitioner has provided the respondent with particulars that are within his reach," observed the judge.
Kimaru said Kiarie raised allegations of fraud, illegality and election offences regarding a seat that is constituted by an Act of Parliament and such allegations were serious and could only be dispensed through a full hearing of the petition.
Kiarie has complained of votes having been cast beyond voting hours at Ndurarua and Joseph Kangethe polling stations and that there was an alteration of form 16A.
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