The Kitui High Court today dismissed with costs an application by former Kitui Senator David Musila seeking to be enjoined in former Governor Julius Malombe’s petition challenging Charity Ngilu’s election in the August 8th General Election.
Lady Justice Pauline Nyamweya said the court did not find any substantial grounds compelling it to grant Musila’s prayers to join the case as an interested party.
The petition has listed Ngilu, the Independent Electoral and Boundaries Commission (IEBC) and Kitui County Returning Officer Gogo Albert Nguma as the first, second and third respondents respectively.
Through his lawyer Morris Kimuli, Musila on November 1st asked the court to be incorporated into the case owing as an interested party owing to his being the third candidate in the gubernatorial election.
Mr Kimuli told Justice Nyamweya that his client’s only interest was to know the truth should the court order scrutiny of votes cast by Kitui electorate on the polling day and did not in any way plan to take sides with either of the litigants or interfere in the case.
But the application received heated objection from lawyers of the existing litigants who felt the former Senator’s enjoinment was of no value to the petition and a waste of the court’s time.
The lawyers include Malombe’s senior counsel Okongo Omogeni and lawyer Apollo Muinde, Ngilu’s Senior Counsel Kioko Kilukumu as well as lawyer Dorothy Mageto representing the IEBC plus Mr. Nguma.