Over 69 cases pave way for poll petitions

By Isaiah Lucheli

More than 69 cases lined up in the cause list at the High Court in Nairobi have been taken out.

This follows enactment of new election rules, which provides that a judge or a magistrate handling petitions should not be engaged in any other court matter until the conclusion of election petitions.

The Constitution provides that election petitions are heard and determined within a six months while rule 17 makes provision for the scheduling of a pre-trial conference by the election court within seven days of receipt of the last response to a petition.

At the Milimani High Court, Civil Division, 18 matters set to be heard yesterday were taken-off the cause list and the parties advised to get fresh dates from the registry.

“Take notice that due to the current shortage of judges the following cases have been taken out. Fresh dates to be fixed at the registry,” a notice read in part.

In the Family Division, 23 cases were taken-off the cause list as the division’s presiding Judge Luka Kimaru has been appointed to the election court in Malindi.

“Take notice that Hon Kimaru, the presiding judge Family Division has been appointed to the election court in Malindi. He is therefore not in a position to hear matters until the election petitions are completed,” the notice said.

The worst hit was the Commercial Division where four of the five judges have been assigned to handle election petitions.

Judges from the division handling election petitions include George Kemondo, George Odunga, Alfred Mabeya other judges from other divisions assigned to handle petitions include David Majanja, David Onyancha and Rose Ougo.