The Malindi High court on Wednesday upheld the election of Michael Kingi as Magarini MP, slapping the petitioner with Sh3 million cost.
Justice Patrick Otieno termed the petition filed by Johnson Mutawali and Boniface Nzai as fatally defective and not capable of being tried by a court of law.
He said the petitioner failed to include the results declared by the Independent Electoral and Boundaries Commission (IEBC), which automatically rendered the petition defective.
Justice Otieno struck out the case saying it would be a lesson for future petitioners and their lawyers to ensure they follow the law to the latter.
“Even though it will be a burden to petitioner, it is going to be a lesson for future petitioners and their lawyers since the law must be followed.”
The judge held that the grievance by the petitioner shall remain untested by evidence.
He said the petitioners had planned to withdraw the case but Samson Kazungu – a voter from Magarini, was directed to replace them in the petition.
