The High Court has for the second time declined to strike out an election petition filed by Reuben Ndolo challenging the election of Dick Wathika as Makadara member of parliament.
The court said it cannot rely on the Naivasha election petition case since the cases are distinguishable and that the two cases have to be ruled separately.
Through his lawyer Kioko Kilukumi, Wathika said he will appeal against the ruling at the court of appeal and applied for stay of the proceedings.
His earlier attempt to strike out the petition was dismissed by judge Roselyne Wendoh, who ordered the petition to proceed.
He was ordered to file the application of the stay by Friday this week.
Elsewhere, the hearing of a case in which two people have been charged with the killing of former Gatundu North Member of Parliament son Patrick Muiruri did not continue.
The defence told the court that they are not ready to continue with the proceedings before Judge Lesy Lesseit because their four key witnesses have already testified before High court judge Muga Apondi.
The case will be mentioned on 21st this month before judge Apondi for directions. Apondi was transferred to Milimani Commercial courts.
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