Former Minister Chirau Ali Mwakwere wants the Supreme Court to overturn a court of Appeal ruling that struck out his petition challenging the election of Kwale Governor Salim Mvurya.
Mwakere argues that the court of Appeal erred in rejecting the petition following the withdrawal of the person initially included as a petitioner.
The initial petitioner Mbwana Mpole had his petition struck out at the High court after High Court judge Mugure Thande cited failures of the petitioner to adhere to rules guiding the election cases.
Mwakwere would appeal the case with Mpole filing a motion to withdraw from the proceedings claiming he had not filed the appeal neither had he been consulted about the appeal.
Mwakwere’s plea to substitute Mpole’s name was rejected by Appellate court judges who said it lacked merit as the case had collapsed when Mpole withdrew from the petition.
Mwakwere claims the ruling by both courts had infringed on his fundamental rights to seek redress following what he claims as the announcement of fraudulent results.
Lawyers representing Governor Mvurya have accused Mwakwere of abusing the court process and want his petition to suffer the same fate.
The Supreme Court will notify parties on the date when they will deliver the verdict.