File appeal afresh, court tells ousted Longido MP
What you need to know:
Mr Nangole had challenged the High Court’s decision to rule in favour of the petition filed by his CCM rival in the 2015 General Election, Dr Stephen Kiruswa.
Arusha. The Court of Appeal yesterday directed former Longido MP Onesmo ole Nangole of Chadema, who was last year unseated by the High Court, to file his appeal afresh.
Mr Nangole had challenged the High Court’s decision to rule in favour of the petition filed by his CCM rival in the 2015 General Election, Dr Stephen Kiruswa.
In his verdict on June 29, High Court judge Silvangilwa Mwangesi cited various irregularities on polling day, particularly during the tallying of votes, when a fracas blamed on the Chadema candidate broke out.
Mr Nangole later took his matter to the Court of Appeal, and it was to be heard by Lady Justice Sauda Mjasiri, Justice Mussa Ibrahim and Justice Mussa Kipenka. However, proceedings stalled when lawyers representing Dr Kiruswa objected to the hearing on the grounds the appeal did not include the Attorney General and Longido returning officer. When the court reconvened on Monday, this week, Dr Kiruswa’s lawyers further argued that the appeal was defective and should be dismissed.
This assertion was challenged by Mr ole Nangole’s lawyer, but the paned of judges directed that the appeal be filed afresh.
An elated Dr Kiruswa later told journalists that he believed justice would eventually be done.
His lawyer, Dr Masumbuko Lamwai, said Mr ole Nangole should give up his fight and instead prepare for the 2020 elections.
Mr ole Nangole said he would consider the court’s ruling before deciding on his next course of action.
