High court has dismissed a petition against Embakasi West MP George Theuri for failure of the respondent to deposit security costs in court.
Justice Olga Sewe ruled that the petitioner Tom Agimba who challenged the election of Theuri failed to pay security and did not show any justifiable cause to be granted more time to be able to pay the security fee out of time.
“Even though i have discretion to extend time for the petitioner to deposit the security cost, his conduct was not straightforward to convince me to extend”, Sewe ruled.
She added that Agimba being a lawyer was not an ordinary litigant because he was well versed in the law and he should have known the requirements before filing the petition.
Last month, Agimba had filed a notice of motion to be given 96hours to forward to court the requisite deposit of out of time.
In his supporting affidavit Agimba claimed that his client, one Dr Mohammed was to deposit Sh500, 000 in the Judiciary account and forward the requisite receipt to his law firm.
“When the matter came up on 24th October the receipt of the deposit was observed not to be in the court file and on in inquiring from the said Mohammed, it was discovered that the money had not been deposited”.
In the petition, Agimba was seeking a declaration that the said election was not conducted in accordance with the constitution and the applicable law rendering it invalid, null and void.
Agimba was seeking a declaration that Theuri was not validly declared as the MP elect and therefore the declaration is invalid, null and void.
The lawyer was further seeking an order of scrutiny and audit of all the returns of the Embakasi West constituency member of National Assembly elections including but not limited to Forms 35A, 35B and 35C.
He also wanted an order of scrutiny and audit of the system and technology used by IEBC including but not limited to the KIEMS Kits, servers and website/portal.
The petitioner argued that in one than more polling station, the data entered into the KIEMs Kits was not consistent with the information and data from respective Forms 35A.
He further said that the data that was being displayed publicly by the IEBC at NTC was not consistent with the information and data in the respective Forms 35A.
Agimba claims that the nature and extent of inaccuracies and inconsistencies in the tabulations was not clerical but deliberate and calculated.
