Win for NASA Governor after Court ruling
The ruling now paves the way for the popular governor to effectively discharge his duties as county boss.
The High Court on Tuesday struck out an election petition filed by Mr William Kahindi against Kilifi Governor Amason Kingi.
Malindi Resident Judge Weldon Korir ruled that Mr William Kahindi’s petition was filed outside the stipulated time and ordered him to pay Governor Kingi and his deputy a total of Sh600,000.
“It is most likely that the petition was filed after midnight even though the date of its receipt is indicated as September 6, 2017,” he said.
Justice Korir agreed with Governor Kingi that the petition was filed after 28 days from the date of declaration of the gubernatorial results of Kilifi County.
The judge noted that Mr Kahindi, a Jubilee Party point-man in the Coast, had conceded to have replaced the first petition with the one on record contrary to section 76 of the Election Acts that provides procedure for presenting petitions in court.
“It is also important to note that the decision of the petitioner to take away the first petition was irregular and thus erroneous,” Justice Korir said in his ruling.
“Once a petition is filed it can only be withdrawn with the leave [of] court in accordance to election petition procedure rules,” he added.
In September, Justice Korir directed William Kahindi’s petition be enjoined with a similar one filed by former Labour Cabinet Secretary Kazungu Kambi challenging Kingi's victory citing irregularities and illegalities in the August 8 polls.
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