Friday, March 4, 2011

Wetang’ula plea back to bench

Mr Wetang’ula, through lawyer A.B. Shah, is asking the court to strike out a notice of appeal filed by Mr John Waluke who lost the Sirisia seat.. Photo/FILE
Mr Wetang’ula, through lawyer A.B. Shah, is asking the court to strike out a notice of appeal filed by Mr John Waluke who lost the Sirisia seat.. Photo/FILE 
By Nation correspondentPosted Thursday, March 3 2011 at 21:03

Three Court of Appeal judges have declined to hear an application by Sirisia MP Moses Wetang’ula seeking to strike out an appeal challenging his election.
Instead, judges Philip Tunoi, Samuel Bosire and Daniel Aganyanya directed the appeal be heard by a three-judge bench, which handled the case on January18, last year.
“We do not want to give a conflicting decision. The applicant may be seeking that we overturn the decision already made. The best option is to return the file to the judges who handled the case in the first place.”
Mr Wetang’ula, through lawyer A.B. Shah, is asking the court to strike out a notice of appeal filed by Mr John Waluke who lost the Sirisia seat.
Mr Shah told the judges the appeal was rested when judges Emmanuel O’Kubasu, Erastus Githinji and Joseph Nyamu overturned a decision by Justice Alnashir Visram that Mr Waluke filed the notice of appeal on time.
“Neither the lawyers nor the judges mentioned the pending appeal. It is better Mr Wetang’ula and Mr Waluke deal with the current application before that bench, which heard the case last year.”

No comments:

Post a Comment