Nyamira nominated MCA Dolphin Nyangara may be forced to pay millions in costs for filing case at the court of appeal 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.
On Thursday a three-judge bench led by Justice Hannah Okwengu and Justice Joel Ngugi and Hellen Omondi all advised Nyangara to withdraw the matter or risk paying costs.
Lawyer Wilkins Ochoki for Nyangara had a hard time explaining to the court why he did not advice his client not to file the appeal.
“The legal issues raised Ochoki you have heard and it’s not for us to reinvent the wheel of justice, because if a matter is determined we can’t change it and you should have advised your client on what to do or she may just end up incurring costs unnecessarily,” Judge Okwengu said.
Ochoki laid the blame squarely on his client’s shoulders saying she refused to hear her advice but asked for time to advise her further on withdrawing the matter.
“Our clients are political clients and sometimes even upon advice you will act upon instructions as received and that was why I was requesting to allow me advise them appropriately,” Ochoki said.
Ochoki said he had looked at the decided matters in previous elections petitions and that why he needs time to explain to his client and take further instructions.
Lawyer Dorcas Mwae for Omwoyo who replaced Nyangara in the assembly asked the court to expedite the matter saying her client continues to be out because of the appeal as she has not assumed office of MCA.
Lawyer Shadrack Wambui for IEBC told court that they had not filed responses because it was their view that the issue of jurisdiction had already been determined so they left it to court to determine it.
Justice Hellen Omondi also agreed with Wambui that the issue at hand was already settled in law and they would not rule otherwise.
The matter will be mentioned on October 4 to confirm Nyangara’s position.
