, NYERI, Kenya, May 21-The hearing of an election appeal by Embu Governor, Martin Wambora, failed to kick off Monday after a lawyer representing one of the parties failed to turn up as a result of ill health.
Lawyer Lucy Mwai who was holding brief for Wairimu Rugaita representing Embu Deputy Governor, David Kariuki, sought an adjournment, saying Rugaita was not ready to proceed as she was set to undergo an operation.
She told the Court of Appeal sitting in Nyeri comprising judges Fatuma Sichale, Patrick Kiage and Sankale ole Kantai, Rugaita was not in a position to proceed with the matter given her condition.
Mwai tabled a medical report to back her application that was not objected to by any of the parties in the suit despite being served hours to the hearing of the matter.
While allowing the application, the judges however said she could have arranged for a counsel to represent her since time was not on their side given the strict timelines set for the conclusion of election petitions.
The Governor, who is represented by lawyer Ahmednasir Abdullahi and Kithenji Marete, has moved to the Appeal Court to challenge the nullification of his victory by the High Court in a petition filed by former Senator, Lenny Kivuti.
The governor wants the judgment delivered in Embu High Court on September 19 that also called for fresh elections within 60 days set aside.
Justice William Musyoka nullified the election on the grounds of irregularities and errors in counting, tallying and collating of votes and election results.
He ruled that the irregularities were immense and would be a travesty of justice to wish them away.
Kivuti who is named as the fist respondent in the appeal is represented by lawyer, Tom Ojienda while IEBC listed as third respondent is represented by Mwangi kibicho.