The Supreme Court is set determine whether three allies of former Cabinet minister Chirau Ali Mwakwere can proceed with their intended appeal to substitute another petitioner in the election suit against Kwale Governor Salim Mvurya.
Suleiman Warrakah, Mwarapayo Mohamed and Hamisi Mwamrezi are challenging the striking out of their application to substitute voter Mwamlole Mbwana, whose petition was dismissed over technical issues before Mombasa High Court judge Mugure Thande on November 16, last year.
Three appellate judges sitting in Mombasa, dismissed the trio’s plea to substitute Mbwana on May 17.
The petitioners’ lawyer Simiyu Murambi told the six-judge bench chaired by Chief Justice David Maraga yesterday substitution of petitioners was a weighty constitutional issue deserving interpretation. Mwakwere had unsuccessfully vied for the governor’s seat.