City Lawyer Danstan Omari on Monday asked the court to slap Nyamira nominated MCA Dolphin Nyangara with punitive costs for refusing to withdraw her illegal appeal.
In the case, Nyangara filed case the appeal court after losing her seat to advocate Michelle Omwoyo.
The high court had upheld the decision of the magistrate court that nullified her nomination but she chose to move to the court of appeal even though the law does not allow it.
According to the law, all MCA election petitions end at the high court and there is no room for second appeal.
In submissions before the bench, Omari told court that it should give punitive costs to deter others from doing the same.
“It’s is my prayer that the court provides for punitive costs to stop this type of practice because 365,000voters in Nyamira have missed representation by virtue of the continuous litigation,” Omari said.
He further argues that the court gave its direction that Nyangara’s lawyer advises her to withdraw saying she even appeared before court and was advised but she has refused to heed to it.
Omari said the punitive costs should be a lesson and a stoppage to wasting of judicial time by other litigators.
“This is one year three months since elections were conducted, we urge the court to give a summary decision, reason can be given later to enable the Nyamira people get the MCA they deserve,” Omari said.
It was his argument that Nyangara has not shown court any new statute that cures the present that rule that the court of appeal has no jurisdiction to entertain this matter.
“My ladies and Lord do not deal with emotional issues as there is no statute nor any case law that has changed that position,” he said.
Omwoyo filed a case challenging Nyangara’s Jubilee Party nomination and won at the magistrate then the later appealed at the high court which also upheld the win.
