Date set for ruling on Kitutu Masaba suit

The ruling on an application by Kitutu Masaba MP Walter Nyambati to have his election petition dismissed will be delivered on September 16.

Mr Nyambati, through his lawyer Alphaxard Osoro Mogikoyo, made the application on July 12, seeking the dismissal on grounds that he was not personally served.

Mr Mogikoyo argued that the process server, who attempted to serve his client, was not qualified.

He also argued that the server had not renewed his practicing license and thus had no capacity to serve the respondent.

“My lord I want to pray to this court to expunge and disregard allegations that the process server did serve the respondent and dismiss the petition with costs,” argued Mogikoyo.

He argued that the court could only handle the petition if the respondent was properly served saying the High Court and Court of Appeal did not consider whether the process server was qualified or not.

In his reply, the petitioner, Justus Mongumbu’s lawyer, Patrick Kerongo, asked the court to allow the petition continue because the matter was dealt with by the court of appeal.

“My lord we have on our part, having regard to the fact that this application was filed too late and served in court, reach the inescapable conclusion that the present application is brought to delay and impend the final determination of this matter,” Mr Kerongo argued.