Nairobi — The hearing of a poll petition against Foreign Affairs minister Moses Wetang'ula, which was set to start on Monday, was postponed pending the determination of an application by his lawyers, who want it dismissed.

This is the sixth time Mr Wetang'ula has tried to stop the petition. The first five attempts have all been defeated.

The application was filed immediately after the ruling allowing the Interim Independent Electoral Commission to substitute the disbanded Electoral Commission of Kenya was made on September 25.

Mr Wetang'ula's lawyers, led by retired judge A B Shah, argued that the application to strike out the case was premised on the fact that the court processor server involved in serving the minister was not licensed.

Mr Shah cited a similar case at the High Court, which was heard by Lady Justice Roselyn Wendoh, and which was struck out on the same technicality.

The same server, Mr Thomas Nduku, was involved in the petition pitting Mr Adam Mohammed Hammed against Mr Hussein Abdi Kadir..

However, appearing for the petitioner, Mr John Waluke, two lawyers led by Mr Alex Masika argued that the legality of the court processor and his subsequent serving was handled by then resident judge Wanjiru Karanja, who ruled that Mr Wetang'ula was properly served using alternative process (local dailies). The ruling was made on May 27, 2008.

Mr Masika has asked the court to ignore the application filed by the Sirisia MP.

Lady Justice Florence Muchemi said the ruling over the application will be delivered on Thursday.

The judge previously directed that the case be heard between October 26 and 29 and on November 9 and 12.