Likoni MP Mishi Mboko was dealt a blow on Wednesday in her bid for the petition challenging her election to be dismissed.
The Mombasa High Court rejected her prayers for the case to be thrown out on grounds it contravened electoral laws.
The legislator wanted the matter shelved since the petitioner failed to indicate the election date as well as when the results were declared.
She further said former MP Masoud Mwahima – the petitioner – did not specify the total number of votes cast as well as those that were rejected.
Mishi also said the petitioner did not state the number of candidates who vied for seat, leaving the court to guess.
Mwahima went to court for Mishi’s election to be nullified over irregularities and discrepancies.
Judge Erick Ogola said striking out the case would be unfair for the petitioner and Likoni residents.
Ogola added issues cited by the legislator could not warrant the dismissal and that justice can only be served if the parties are heard by bringing their witnesses to testify.
In Kwale, Governor Salim Mvurya asked the court to throw out a petition filed by his rival Chirau Makwere.
Mvurya said the petitioner failed to include his deputy Fatuma Achani, a move he said contravened election laws.
He told judge Mwangi Njoki that the petition by the former Kenya ambassador to Tanzania did not indicate when the elections were conducted.
Judge Njoki will give her ruling on November 14.
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