BY SAM ALFAN.
High Court has struck out petition challenging the victory of Kamukuji Member of Parliament Yusuf Hassan Abdi.
This is after the petitioner Ibrahim Ahmed failed to deposit security of 500,000 shillings as required by the constitution.
The petitioner was also slapped with a cost of 2 million shillings.
“In view of fact that the parties had prepared for the hearing of the petition and the fact that the actual hearing did not take place, this court caps the costs to be paid to the respondents of 2,000,000 shillings,” ruled Judge Luka Kimaru
The requirement for the deposit of security for costs is mandatory as provided in the constitution. The court noted that the constitution does not give a petitioner who has not deposited the requisite security for costs leeway to choose when to pay the security for costs.
The petitioner had argued that he made an effort to pay the said deposit but was unware that the cheque that he had deposited had been returned for lack of funds in his account.
Judge Luka Kimaru however dismissed the explanation saying that it is not persuasive. The court noted that it was the petitioner duty- Ibrahim Ahmed duty to make sure that his account had sufficient funds.
“Requirement for the deposit for security of costs is a substantive legal requirement and is not a procedural technicality that this court can excuse or election time to enable compliance to be made,” reads the riling.
In the case area Member of Parliament had asked the court to dismiss the election petition saying that failure by the petitioner to make the deposit for security cost within the stipulated time of 10 days after the filing of the petition renders the petition fatally defective and unstainable.
