, NAIROBI, Kenya, May 7 – Former legislator Paul Muite on Friday lost a bid to join the 10th Parliament after the High Court dismissed a suit filed by his Safina party which wanted to be allowed to nominate one MP to the House.
High Court judges Michael Khamoni and George Dulu ruled that the application could not succeed as it was filed under wrong provisions.
The judges also observed that Mr Muite, who is Safina’s chairman did not indicate which fundamental rights of his were breached when the defunct Electoral Commission of Kenya (ECK) denied the party an opportunity to nominate an MP.
Mr Muite through lawyer Patrick Lumumba had argued that Safina was entitled to one seat out of the 12 available for political parties to nominate members into the 10th Parliament.
Mr Lumumba had urged the court to preserve a slot pending the determination of the case, but that application was denied.
Safina had accused ECK of giving ODM-Kenya two slots in a blatant breach of the Constitution while it was entitled to one.
The party wanted ECK ordered to explain why on January 13, 2008 it wrote a letter to ODM-K saying the party was entitled to one seat but two days later said they were entitled to two slots.
Meanwhile, an appeal lodged by businessman John Cardon Wagner who is challenging a 15-year jail term for defiling minors will be heard on July 22.
The new hearing dates were set by trial judge Mohammed Warsame when the case came up for mention. Mr Wagner is out on Sh1 million cash bail pending hearing and determination of the appeal.
The former director of Java Coffee House was freed by Justice Warsame in February, saying he has an arguable appeal .Mr Wagner is challenging the sentence slapped on him last September claiming that trial magistrate Teresia Ngugi never considered most of the evidence tendered during his trial.
He is also alleging that crucial witnesses were not called to testify