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Waititu’s appeal against Kidero pushed to March

An appeal against Nairobi Governor Evans Kidero failed to start on Tuesday after he claimed that his rival Ferdinand Waititu had not filed all the details of his case.

The hearing before a three-judge bench at the Court of Appeal was shelved to March and parties ordered to file complete records before the hearing date.

Mr Waititu moved to the Appeals Court after his election petition against Dr Kidero was thrown out at the High Court.

On Tuesday, his lawyers Paul Muite and Harrison Kinyanjui said they are apprehensive of the deadline set for hearing election petition cases, which lapses in April.

An order was given to Mr Kidero to file his supplementary records within seven days to facilitate a hearing in March.

Mr Kidero’s lawyer Tom Ojienda, claimed that volumes of evidence had been left out by Mr Waititu in his initial application for the appeal and wanted time to respond to what he said had come up in a further affidavit the politician had filed in court.

But lawyer Paul Muite for Waititu said that “we believe we filed everything, but let the respondents be given time to file any issues they have found as missing to permit parties to address the court conclusively when we reconvene.”