A Nakuru court has struck out an election petition filed by a son of former President Moi, Jonathan, on a technicality.

Moi had contested the election of Mr Moses Lessonet as Eldama Ravine MP.

Striking out the suit, Lady Justice Martha Koome said Jonathan failed to serve the legislator within the stipulated time.

The judge said service of the petition, which was done through substituted service, was outside the statutory 28 days period. She said notices in the Kenya Gazette and in a Kiswahili daily, published on January 29, came two days after the prescribed period. "It does not matter that the service was only two days late. The law states 28 days," ruled the judge.

She noted that the only notice which was within the deadline appeared in a local daily. "The law requires the petitioner to advertise the petition in three publications within the stipulated 28 days," she said.

Koome said allowing the petition to proceed would go against the written law and other determined cases. She said the petitioner had also not given sufficient reasons for failure to effect personal service to the Electoral Commission of Kenya and the returning officer.

She dismissed Jonathan's argument that he tried to serve the ECK and the returning officer personally without success.