Mombasa,KENYA: The Mombasa high court on Monday struck out a petition challenging election of Mombasa County women representative Asha Mohammed.
A voter Saad Yusuf Saad had moved to court challenging the victory of Asha Mohammed.
Mr.Saad alleged that August polls in which Asha garned 186,144 votes was not free and fair.
He also challenged the independent electrol boundaries commission (IEBC) and Mombasa County returning officer Nancy Kariuki for conducting election which was not free and fair.
However, Lady Justice Thande Mugure dismissed the petition sayinga that the service of the petition was not effected upon Aisha Mohammed as required by rule 10(1) of the election petition rule.
Thande also said that the petition failed to comply with rule 8(1) (a) (c) of the election petition rule.
Court awarded costs to all three respondents after the petition was struck out.
“Given that the petition has been concluded at the interlocutory stage, I cap the aggregate costs at Kshs.3miilion ” said Thande.
Asha had filed a notice of motion seeking court to dismiss the petition and costs awared to the respondent citing that petition was was premised on several issues.
