BY SAM ALFAN.
Busia Governor Paul Otuoma has challenged a decision by an election court to hear a petition filed by former Nambale MP John Bunyasi arguing that it was filed out of time.
Bunyasi petitioned the High Court to nullify Otuoma’s August 9 gubernatorial win.
However, Otuoma sought the striking out of the petition arguing that it was filed out of time but it was rejected by Justice D. Kemei.
In the notice of appeal filed before Kisumu Court of Appeal through the law firm of James Orengo, Governor Otuoma says he intends to move to the Court of Appeal to overturn the ruling of December 15.
He maintains that the court lacked jurisdiction to hear and determine an election petition filed in piecemeal and out of time contrary to constitutional and statutory provisions.
“The petition dated 7th of September 2022 was in contravention of the clear provisions rules 8 and 12 of election (Parliamentary and county petitions rules 2017) on filing of an election petitions , which are mandatory in nature,” said Governor Otuoma.
He faults High court for selectively expunging some record of the petition and leaving others, which were allegedly long after expiry of the 28 period required by the law.
“The superior court erred in law holding no prejudice will be suffered by him when the petitioner had wholly relied on all documents filed out of time and not served upon appellant, without according him a chance of response to the said pleadings denying him a chance of fair trial ,” Otuoma says in the notice of appeal .
He further fault the court for relying on Deputy Registrar report’s without according him a chance to respond to the said report dated 6th and 9th December 2022.
He further accuses the court of for making a decision that the uploaded or filed documents by the 1st respondent on the e-filing portal on 21st September,2022 were properly filed and we’re part and parcel of the documents presented by the 1st responded on 7th September.
“The ‘infractions’ complained of by appellant including on jurisdiction,filing of petition in piecemeal , filing volumes 1,2,3 and 4 out of time, not filing volumes 5 and others issues raised, go to the root of this dispute in the petition hence the jurisdiction of the court was in question ,” adds the County boss.
