The High Court in Malindi has dismissed election petitions against ODM MPs Hon Owen Baya and Hon Aisha Jumwa.
Justices Dora Chepkwony and Patrick Otieno separately struck out petitions against the two 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, 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.
The judge also dismissed 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.
On the other hand, 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.
Justice Otieno further ordered the petitioner to pay cost of Sh2.5 million to Ms Jumwa and the constituency Returning Officer Masha Sudi.
