Supreme Court throws out petition on Muhoroni MP aspirant

Prof. Ayiecho Olweny follows proceedings of his application at the Supreme Court challenging nominations of Onyango K'Oyoo as the ODM's parliamentary candidate of Muhoroni Consituency. Photo/GERALD ANDERSON (Standard)

The Supreme Court yesterday rejected a petition seeking to block Muhoroni Orange party parliamentary candidate James K'oyoo from vying.

Sitting for the first time on Sunday, the Supreme Court dismissed the petition by Prof Oyiecho Olweny challenging the nomination of Mr K'oyoo.

Chief Justice David Maraga, his deputy Philomena Mwilu, Justices Smokin Wanjala, Mohamed Ibrahim and Isaac Lenaola, ruled the application was incompetent and, therefore, could not be granted.

The highest court in the land argued that K'oyoo was already on the ballot less than 48 hours to the election, which will be held tomorrow.

"It seems to us an injunction as sought by Prof Olweny cannot be granted in circumstances where Mr K'oyoo has already been gazetted and is on the ballot paper as confirmed by counsel for IEBC Paul Nyamodi," said CJ Maraga, who read the verdict.

The ruling sealed Prof Olweny's fate, who was for the second time seeking to block K'oyoo from vying for the Muhoroni seat.

Olweny had filed an application and petition at the Supreme Court contesting the decision of the Court of Appeal, which cleared K'oyoo. [Luke Anami]