By Agwanda Saye.

Kisumu Town West MP John Olago Aluoch has moved to the Court of Appeal to challenge a high court ruling after losing his bid to have a petition challenging his election by Rosa Akinyi Buyu of ODM thrown out by Kisumu High Court.

Olago had wanted a petition filed by his rival thrown out because the kshs 500,000 bond required for filing such a petition had been technically been paid late.

According to Olago, the two cheques that Buyu deposited on April 19th were late because it would take three working days before they could mature.

“The maturing date of the said cheque is the last day Buyu ought to have deposited her bond as per the elections act, the payment was therefore late”Olago argued.

However,the Presiding Judge Justice Hilary Chemitei disallowed Olago’s

The Judge said the governing laws did not specify whether the securities could be paid in cash or cheque have been neither do they give the court registrar a responsibility of checking whether the cheques that have been deposited are good or not.

Aluoch had accused the deputy registrar of the Elections Court of casually approving Buyu’s cheques without adhering to the laid –down procedures.

However Chemitei agreed to dismiss the bundle of annexure which had been filed in the petition later.

Olago had said that the annexure contains information about people who have not filed anything in the original petition and are not part of the main suit.

“The people who have filed the fresh documents namely; Jack Modi and owino Omollo who are said to have carried out an opinion poll in Kisumu Town West are not part of the court records”Olago had said.

He gave reference to the petition filed by Cord leader Raila Odinga at the Supreme Court where new evidence was not allowed outside the time stipulated by law.