BY SAM ALFAN.
A nominated Member of County Assembly (MCA) has pleaded with the High Court to dismiss a petition file challenging her nomination.
Mitchell Kemuma Omwoyo wants the court to dismiss the petition arguing the petition was dismissed by a magistrate court, hence no appeal arises.
The Jubilee Party nominated MCA told Justice Mwihaki Njuguna the petition was dismissed because it was incompetent.
Through her lawyers Samson Nyaberi, Omayio Aranga and Martina Swiga said no appeal can be preferred from an incompetent petition.
She said the petitioner, Dolphine Nyangara Onkoba failed to file a memorandum of appeal, rendering the appeal improper.
The lawyers submitted that their client was properly nominated by the former ruling party and her name presented to Independent Electoral and Boundaries Commission for gazettement.
The lawyers took issue with IEBC that was ordered by the court to deposit Sh100,000 being security for cost, by Monday.
The court directed the matter be mentioned on Tuesday 16th May 2023 to confirm compliance
