The High Court in Mombasa on Thursday struck out the petition challenging Kwale woman representative Zulekha Juma's win in the August 8 election.
Judge Mwangi Njoki termed the
petition defective, incurable, lacking substance and form and
therefore beyond salvage.
The petition was filed by Omar Mwakaole, a Kwale voter who wanted the
court to nullify the ODM legislator's election and order a fresh vote.
In his petition, he said the
election was marred by discrepancies and
Judge Njoki said the petitioner was a
political idler and a busy body who was not serious with the petition
as he contravened several election rules.
The judge further said the Mwakaole failed to
deposit money as security for the cost of the petition.
She said Mwakaole filed the case on
October 6 but went to sleep only to be awoken by the respondent's
application to quash the petition.
The judge noted the petitioner had not
realised his mistakes two months after filing the petition.
"He went to sleep only to be awoken
two months later by Juma's application to have the petition dismissed," she said.
She said the petitioner, after realising
he was in a mess, rushed to court seeking an extension of time to pay the security fee.
The judge further said Mwakaole failed
to comply with rules 8 and 12 on petitions.
She said Mwakaole did not
indicate date of when the results were declared by IEBC and that he chose
what he wanted and left out what he did not want.
This "deliberate" acts, she said, forced the
respondents to go out fishing for information.
Justice Njoki awarded Juma and IEBC Sh1 million each as costs of the petition.