Caroline Rwenji And Sam Kiplagat
13 May 2008
Nairobi — The High Court has thrown out yet another poll petition.
Mr Duale Aden Bare can now rest easy after a petition challenging his election as Dujis MP was dismissed.
While striking out the petition, High Court judge Alnashir Visram said that the suit papers were not served on the MP personally.
In the petition filed on January 25, the petitioner, Mr Nasir Mohammed Dolal, wanted the election of Mr Bare declared null and void.
However, the legislator sought to have the petition struck out, saying he was not served with the petition papers as required by law.
The Dujis MP told the court that he found out about the case from the media.
But in a sworn affidavit, Mr Dolal maintained that process server Felix Munuve, effected service personally to the MP at his Lavington residence on January 25.
The MP however told the court that he does not own a house in Nairobi and the one referred to is that of his brother in Kileleshwa. He further said that he was in Parliament most of the day and not at the house.
In his ruling, Justice Visram said that dropping the petition papers at the gate of the MP's brother's house does not constitute personal service.
And a loser in Wajir South Constituency on Monday claimed that refugees from neighbouring Somalia were allowed to vote in the last General Election.
Mr Mohammed Sirat who failed to unseat Mr Abdirahman Ali Hassan said "fake voters" were ferried from a nearby refugee camp.
Narrowly
The ODM-K candidate lost narrowly to Mr Hassan who garnered a total of 4,444 against Sirat's 4,017.
While giving his evidence before Mr Justice Luka Kimaru on Monday, Mr Sirat said refugees from Dagahole and Hagdera camps were allowed to vote at Dagahole borehole and primary school.
The hearing continues.
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