Malindi High Court today dismissed a petition challenging election of Lamu Senator Anwar Loitiptip and upheld his victory.
Delivering the Judgment High Court Judge Lady Justice Asenath Ongeri sitting in Malindi ruled that Loitiptip of Jubilee party was the validly elected senator in the August 8 elections.
She directed each party to bear their own costs in the petition.
In her judgment Lady Justice said the petitioner Hassan Albeity of Wiper Party didn’t comply with the court on timelines adding that the respondent did not have time to respond to the issues raised.
Albeity had moved to court seeking orders to declare the third respondent (Loitiptip) as not validly elected as senator and declare him as the valid elected senator.
Further the petitioner had also sought orders from the court to declare fresh elections.
Other prayers he sought were for the court to order scrutiny and recounts of votes in all polling stations in Lamu to ascertain the correct number of votes cast.
Albeity had also in his affidavit claimed the IEBC Returning officers had rejected his agents which was a breach of the election rules.
“The senatorial elections on August 8 2017 were fair and held as per the law,’’he said,
Justice Ongeri said there were no irregularities which could have affected the outcome of the elections adding that Loitiptip was validly elected.
On the issue of agents the Judge said the petitioner ought to have raised the issue earlier before the elections.
She said IEBC, The returning officer, and the Senator were not privy to the wrangles between Albeity and his political party.