BY SAM ALFAN.
Today, April 16 2018, leader of majority in Parliament Mr Aden Duale will sleep in peace.
His main rival in the Garissa parliamentary seat Mr Farah Maalim felt that he could not contain oven heat in an appeal he lodged contesting the affirmation of Duale as his MP.
Mr Maalim filed a notice seeking to withdraw the appeal he filed before the Appellate Court.
The notice of withdraw seen by NairobiTimez was filed today.
“Take notice that the Appellant herein, Honorable Farah Maalim, hereby withdraws the appeal, for all purposes” reads the notice of appeal.
Earlier Leader of majority in the National Assembly Aden Duale had urged the appellate court to strike out a notice of appeal filed by his opponent Farah Maalim dismissed with cost.
Mr Duale has told the court that the notice of appeal was filed it late contrary to court of appeal election petition rule’s.
According to court of appeal election petition rule’s 2017, ” A notice of appeal shall be filed within seven days of the date of the decision appealed against”.
Through Senior Counsel Ahmednassir Abdullahi, Duale says the hearing and determination of the election petition are to be heard within specific timelines set by both statutes and the constitution.
The notice of appeal filed by former National Assembly Deputy Speaker Maalim on March 13, 2018 was outside the statutes and timelines as provided for under rule 6(1) and (2) of the court of appeal election petitions rules 2017.
He says that the notice of appeal is well laid out procedures and an abuse of the court process. Duale says that the notice was filed seven days after the mandatory timelines and as such Maalim has failed to institute the appeal within the prescribed time.
“This court has the requisite Jurisdiction to strike out a notice of appeal in circumstances where by an essential step in the proceedings have not been taken within the time limits prescribed,” said Ahmednassir.
Duale says that the filling of the notice of the appeal is an afterthought and an abuse of the court process and the same ought to be struck out.
Maalim filed a notice of appeal after the high court in Nairobi upheld the victory of Duale as the Member of Parliament for Garrisa Township.
On February 27, 2018 Judge Hedwig Ong’udi ruled that Duale was validly elected and that claims that some voters were denied a chance to vote was untrue.
Maalim who had citied cases of voter bribery and improper transmission of results, will foot a Sh6 million costs bill for the petition. The money will be shared equally between the Aden Duale and Independent Electoral and Boundaries Commission (IEBC).
It has been proven beyond reasonable doubt that the will of the Garissa has been upheld by the court,” Duale said outside the court room.
Duale who has been a vocal and ardent defender of the President Uhuru administration remained largely quiet during the trial of his petition.