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Kenya: Top court upholds election of MPs Bowen, Annie Wanjiku

Lawmakers Kangogo Bowen (Marakwet East) and Annie Wanjiku Kibe (Gatundu North) on Friday morning won the cases against their election in rulings delivered at the Supreme Court.

Regarding Mr Bowen, Justice Smokin Wanjala said the appeal did not not raise issues of interpretation.

On Ms Kibeh’s case, the court said the irregularities cited did not justify annulment.

RULINGS

Mr Bowen’s victory was nullified after Justice George Kimondo established that two ungazetted polling stations were used to tally the final results of the race.

Judge Kimondo cited adequate evidence to prove massive irregularities during the election.

The poll, he ruled, was not free and fair as it was marred by multiple irregularities and illegalities.

The petition was lodged by Mr Sammy Kipkeu Kemboi, a voter from Marakwet East.

On July 31, the Court of Appeal overturned a High Court decision that had revoked Ms Kibe’s election, three judges ruling that anomalies in the August 8, 2017 election results were administrative errors, which were not substantial to nullify the election.

The judges further faulted the High Court judge who heard the case for conducting an audit of the election materials yet no party had asked for it.

It was on this basis that Justice Joel Ngugi had nullified Ms Kibeh’s election.

OTHER CASES

The others legislators who will know their fate on Friday are Babu Owino (Embakasi East), Anuar Loitiptip (Lamu Senator), Wajir West MP Ahmed Kolosh, Moses Lessonet (Eldama Ravine) and Luanda MP Christopher Omulele.

The case against Mr Owino moved to the top court after his rival Francis Mureithi disagreed with Court of Appeal judges, who overturned a decision which nullified his win.

While nullifying the MP’s election, High Court judge Joseph Sergon ruled that it was marred by violence and systemic irregularities.

The court ordered Mr Owino to pay both the petitioner and the Independent Electoral and Boundaries Commission Sh2.5 million each.

The petition against Mr Lesonnet was filed by former Minister Musa Sirma while Ms Kibeh’s election was by former MP Clement Waibara.

By Daily Nation

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