Court of Appeal in Kisumu has set 11th May as the hearing date of an appeal filed by Homa Bay Governor Cyprian Awiti challenging the High Court decision to annul his victory.
Judge Erastus Githinji directed both parties involved in the petition to file their submissions within 7 days ahead of the hearings.
On 20th February 2018, Homa Bay High court Judge Joseph Karanja nullified Awiti’s election after a successful petition by Oyugi Magwanga.
Advocates representing Governor Awiti and Oyugi Magwanga differed on the date of hearing the appeal and the court had to adjourn before they settled on 11th.
Otiende Amollo who is one of the advocates representing Governor Awiti expressed confidence with the grounds they have filed to challenge the High court decision.
However Charles Kanjama who is representing Hon Magwanga says they want the court to ensure Governor Awiti deposit the sum he was to pay after losing the petition before the appeal is heard.
Justice Githinji ordered that the application be heard on a priority basis adding that the date will be picked after consulting Court of Appeal President Justice William Ouko.