An MP's bid to demand compensation for the cost he incurred after a poll loser petitioned his election failed Thursday.

Transport assistant minister and Ndia MP Robinson Njeru Githae wanted to be compensated for the petition that was struck out on a technicality.

The deputy High Court registrar in Nyeri, Ms Lucy Gitari, was told that the petitioner was not given adequate time and hence the session slated for yesterday could not kick off.

Mr Wachira Mahugu, who represented Mr Githae's lawyer, Mr G K Kibira, told the registrar that the matter should be deferred to a later date so that both parties can prepare.

Ms Gitari ordered that the issue be heard on October 2.

On June 18, Lady Justice Mary Kasango struck out the petition on technicality, saying the MP was not properly served with the petition papers as required by law.

In her ruling, the judge ordered investigations into the affidavits sworn by the MP, the petitioner, Mr John Mithamo Githui, and a court process server, Mr Christopher Kirui.

The affidavits, the judge said, should be investigated over the possibility of perjury.

In her 32-page judgment, Lady Justice Kasango said evidence adduced in court indicated that the MP was out of the country when he was allegedly served.

Mr Githui and Mr Kirui had sworn affidavits claiming that they presented the election papers to Mr Githae at Nairobi's Safari Park Hotel on January 25.

The judge also ruled that the petitioner and his agents failed to produce the receipt to prove that they filed the papers.

The assistant minister who contested the December 27 General Election on a PNU ticket was declared the winner, with 19,254 votes while Mr Mithamo, a Safina candidate, was second with 17,056 votes.

The move by Mr Githae comes barely two weeks after his Kirinyaga Central counterpart John Ngata Kariuki and the Electoral Commission handed petition loser Daniel Karaba a more than Sh7.4 million bill.