Machakos Governor, Dr Alfred Mutua has been dealt a huge blow after his lawyers abandoned a petition filed by Wavinya Ndeti challenging his August 8 win.
His lawyers, Wilfred Nyamu, Bernard Mung’ata and others withdrew from the case citing frustrations from the judge.
On Tuesday, the legal team objected to Justice Aggrey Muchelule’s call that the hearing continues even with a pending notice of appeal at the Court of Appeal.
Governor Mutua had appealed against Muchelule’s ruling not to dismiss former Kathiani MP’s case as it was ‘irredeemably and fatally defective.’
Mutua wanted Ndeti’s petition thrown out as she had not contested the Deputy Governor’s election who according to him was elected by the Machakos people in August.
“A complaint against the election of the governor is essentially against the deputy governor as the IEBC does not conduct separate election for the two positions. If the petitioner does not contest the election of the DG, the petitioner cannot sustain a petition against the Governor,” said Mutua’s lawyer, Waweru Gatonye.
Read: High Court Dismisses Martha Karua’s Petition Against Anne Waiguru
But the presiding judge ruled that the ‘non-inclusion of the deputy governor was not offensive and did not make the petition defective in any way.’
The county boss was forced to appear in court on Tuesday where he sought more time to seek representation.
The case will be heard on Wednesday, 29 November.
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