Tuesday July 31, 2018
Annette Wambulwa
Garissa senator Yusuf Haji where he called for prosecution of the owner of Solai Dam which collapsed last week in Solai, Nakuru County killing 45 people and hundreds homeless. May 15, 2018. Photo/Jack Owuor
Garissa senator Yusuf Haji got a major win on Friday after the Court of the Appeal struck out a petition to challenge his victory in last year's election.
Haji's win had been upheld by the High Court in February.
But Mohamed Abdi had appealed the decision by justice Rose Ougo, saying the senator was not validly elected.
Abdi wanted the appeal court to overturn Ougo's decision.
Haji however said the notice of appeal was lodged outside the stipulated time required and asked the court to strike it out.
The Independent Electoral and Boundaries Commission (IEBC) also asked the court to dismiss the application, saying it was filed at the High Court registry and did not comply with the required format.
Abdi defended the appeal, saying the failure to file it within time was an "inadvertent mistake."
The petitioner said there was no prejudice and the lapse of time in filing the appeal was curable with procedural technicality.
In their ruling, appellate judges Phillip Waki, Asike Makhandia and Agnes Murgor said the documents filed by Abdi against Haji were a nullity since they were filed at the High Court and not in the Court of Appeal registry. The bench also said the notice was filed out of time.
“It follows that no notice of appeal was filed in this matter and the court has no jurisdiction to consider the extension of time sought,” the judges said.
“The notices of motion by Mohamed Aden Abdi dated and filed on April 9 and 17 are hereby dismissed.”