Transport minister Chirau Ali Mwakwere wants an election petition filed against him by a voter struck out.
The Matuga MP, through lawyer Gikandi Ngibuini, said that although the suit was filed within the required time, the papers were, however, not served on him personally as required.
He told Mr Justice Joseph Sergon, sitting in Mombasa, that the process server had not demonstrated to the court that he had diligently tried to serve the petition on the minister before placing an advertisement for substituted service.
Personal service
“Where personal service is not possible then the court will hold that the petitioner has complied with the rule if he demonstrates that he has diligently tried to do so and failed,” he said.
Mr Ngibuini said the affidavits of service filed by process servers were vague, speculative and lacked vital information which could have shown that they did their best to reach the minister but failed.
He relied on the 1997 petition of President Mwai Kibaki against former president Daniel arap Moi, where he said three High Court judges agreed with Mr Moi that he had not been personally served with the petition although it had been gazetted.
The petition has been filed by Mr Ayub Juma Mwakesi, who wants the election declared null and void, as the entire exercise was allegedly marred by irregularities. He cited Kombani polling station through lawyer Mohammed Balala.
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Daily Nation
Story by EUNICE MACHUHI
Publication Date: 4/8/2008
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