Governor Awiti faces Sh20m security in poll appeal suit

Governor Cyprian Awiti. FILE PHOTO | NMG

What you need to know:

  • The hearing is slated for May 11 when the parties are to present written submissions and later highlight them during the full hearings.

Former Kasipul MP Oyugi Magwanga now wants the Court of Appeal to compel Homa Bay Governor Cyprian Awiti to deposit Sh20 million as security for costs before full poll hearing commences.

The hearing is slated for May 11 when the parties are to present written submissions and later highlight them during the full hearings.

Mr Awiti is represented by advocates James Orengo, Tom Ojienda, Anthony Oluoch and Otiende Amollo while Mr Magwanga’s lawyer is Charles Kanjama.

Mr Kanjama made an application for security for cost in the appellate court Tuesday arguing that Mr Awiti had failed to pay the costs he was slapped with when his election was nullified by a Homa Bay High Court.

The costs of the petition was Sh4 million, where the IEBC was to pay Sh2 million while Mr Awiti was to fork out a similar amount.

“While the total costs was Sh4 million, we have, however, applied Sh20 million to be deposited by the appellant to the court before hearing of the main appeal,” said Mr Kanjama.

Mr Ojienda asked the court to allow both the application and the appeal hearing to be heard on the same day, but Mr Kanjama declined.

“The moment the appeal hearing goes on, our application will be defeated on technicalities,” said Mr Magwanga’s advocate.

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