The High Court was yesterday told that an ODM parliamentary poll loser did not satisfy the requirements of due diligence before serving a petition through a newspaper advertisement. Garsen MP Danson Mungatana, through lawyer Cecil Miller, termed ‘effortless” the attempts by the process server, Mr Thomas Nduku, to effect personal service on him before opting for substituted service. Mr Murigatana’s election Is being challenged by Mr Hussein Dado, who wants the election nullified.
His lawyer Ms Julie Aulo, had argued that the Garsen MP was duly served with the election petition by way of advertisement after personal service became impossible, Mr Miller, who filed an application seeking to strike out the petition for lack of personal service, denied the claims by the petitioner and termed the process server aliar. Mr Justice Leonard Njagi, sitting in Mombasa, will make a ruling on October 23.
