NAIROBI, Kenya, Dec 17 – Politician Stanley Livondo on Wednesday lost his bid to oust Prime Minister Raila Odinga from the Lang’ata Parliamentary seat, after the High court dismissed his election petition on technical grounds.,
Justice Alnashir Visram ruled that Mr Odinga was not personally served with the petition papers as required by law.
“I find and hold that the petition was not served upon Mr Odinga within the period of time prescribed by law, and I strike it out with costs to all respondents,” Justice Visram ruled.
The judge pointed out that he had considered all the reasons cited in the case but expressed displeasure in certain aspects of service.
“I would wish to record my strong displeasure and objection to litigants chasing citizens at their homes at ungodly hours and over weekends. Given the security situation in Kenya, no person in his right mind is expected to open doors to strangers at night, or early Sunday mornings,” the judge said.
During the hearing, the PM had through his lawyer Julie Aullo, dismissed allegations by two court process servers, that they encountered hostility at his home in Karen when they attempted to serve him.
Ms Aullo said if it was true that they were barred entry, they should have posted the papers on the gates.
But in opposing the application to dismiss the case, Paul Wamae for Livondo said it would be unfair to strike out the case on a technicality.
The court disagreed and has also ordered Mr Livondo to pay the costs of the petition.
Two weeks ago, the Court of Appeal dismissed an application by the affluent politician seeking to cross -examine Mr Odinga on the issue of service
Justice Samuel Bosire ruled that Mr Livondo, who contested the Langa’ata parliamentay seat on a PNU ticket, did not prove that the High Court erred in dismissing his application for the same.
He had wanted the High court to summon the PM to explain whether he was served with suit papers in the petition but failed, hence the failed appeal.
He was contesting the election of Mr Odinga as MP for Langa’ta constituency alleging massive irregularities during the tallying process.
Speaking to the press after the ruling, Mr Livondo said he was not happy and claimed the court had failed to uphold justice. He faulted the judicial process for ‘stifling justice’ on grounds of process.
“This court has not failed me, it has let the people of Lang’ata constituency down,” Mr Livondo retorted.