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Politicians who have lost election petitions (list)

By Waweru Titus | Published Fri, March 2nd 2018 at 17:23, Updated March 2nd 2018 at 17:58 GMT +3

High Courts have quashed wins of several politicians in the August polls citing massive irregularities and illegalities. [Photo: Courtesy]

A good number of politicians have survived attempts to oust them from office after petitions challenging their election collapsed.

That is not the case for others as High Courts around the country have quashed their election wins in the August polls citing massive irregularities and illegalities.

 

Some of the politicians that have been on the chopping board include:


1. Nandi Hills MP- Alfred Keter

Nandi Hills MP Keter lost his seat following ruling by Eldoret High court on Thursday. Judge Kanyi Kimondo nullified the election of outspoken MP citing massive illegalities and irregularities during the election process.

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Petitioner Bernard Kibor had accused IEBC of colluding with Keter to rig him out in the polls. Keter was declared the winner by IEBC with 28,923 votes against 13,872 garnered by independent candidate Benard Kibor Kitur who came second.

Alfred Keter was declared winner by IEBC with 28,923 votes against 13,872 garnered by independent candidate Benard Kibor Kitur who came second in the August polls. [Photo: Courtesy]

2. Homa Bay Governor- Cyprian Awiti

The Judge nullified Governor Awiti’s win citing that the Independent Electoral and Boundaries Commission (IEBC) did not conduct a free and fair election according to the law.

Justice Joseph Karanja also said the petitioner had provided enough evidence for the nullification of the Homa Bay governor’s election. The petition was filed by former Kasipul MP Oyugi Magwanga, who had cited irregularities in the August 8 elections for the governor’s seat.

Awiti garnered 210,173 votes against Magwanga’s 189,060. Magwanga was running as an independent after failing to clinch the ODM nomination in a bruising battle that split the county into roughly two equally strong support bases.

 

3. Embu Governor- Martin Wambora

The Embu High Court nullified the election of Governor Wambora on the grounds that that it was marred with irregularities which undermined the electoral process.

Judge William Musyoka ordered IEBC to conduct a fresh election in accordance with law. He directed Wambora and Embu County IEBC Returning Officer Daniel Lenarum to pay the petitioner Sh3 million.

Martin Wambora’s win was nullified on grounds that that it was marred with irregularities which undermined the electoral process. [Photo: Courtesy]

The Embu Governor through Lawyer Ahmednassir vowed to appeal the High Court’s order quashing his win.

Lenny Kivuti, who got 96,775 votes against Wambora’s 97,760, filed petition after the August 8, 2017 election insisting the poll was not free and fair.

 

4. Embakasi East- Babu Owino

Nairobi High Court nullified the election of Babu Owino as the Embakasi East MP on Friday. Justice Joseph Sergon said the election was marred with widespread errors and malpractices.

Justice Sergon directed IEBC to conduct a by- election for Embakasi East seat in accordance to the law.

The judge further directed MP Babu Owino to pay Sh2.5 million to the petitioner Francis Mureithi and the other Sh2.5 million to the electoral commission.

The ruling came days after the High Court on February 13 ordered a recount and scrutiny of votes, following a petition filed by Francis Mureithi, his closest rival.

In the report the embattled MP got 46,817 votes against Francis Mureithi who garnered 42,501 votes.

Babu Owino was ordered to pay Sh2.5 million to the petitioner Francis Mureithi and the other Sh2.5 million to IEBC. [Photo: Courtesy]

5. Wajir governor- Mohamed Abdi

The Court in January nullified the election of Governor Abdi in a successful petition by former Wajir governor Ahmed Abdullahi. Delivering the ruling, Judge Alfred Mabeya found that Abdi failed to produce original academic forms which meant he was not validly elected.

Abdi was also slapped with a Sh2 million cost. Mabeya added that Abdi was not validly cleared to vie for the seat of Governor for Wajir County as he did not possess the educational qualifications.

 

6. Ugenya MP- Chris Karani

Ugenya MP Karan lost his seat following a successful petition by his rival David Ochieng.

The High Court in Kisumu on Thursday ruled that Karan's campaign was "perverted" and that the entire August 8, 2017 in Ugenya was "compromised".

The MP suffered a double blow as the judge ordered him and other respondents to pay Sh7 million in costs.

 

7. Markawet East MP- Kangogo Bowen

Eldoret High Court Justice George Kimondo ruled that the election results that declared Bowen winner of the polls were marred with irregularities. The court established that two ungazetted polling stations were used to tally the final results of the race.

The petition was filed by voter Sammy Kemboi, he claimed the election was marked with massive flaws and rigging.

MP Bowen was declared winner in the polls after closely beating former MP Linah Kilimo by less than 1,000 votes.

 

8. Gatundu North MP- Wanjiku Kibe

The High Court in Kiambu on Thursday March 1, nullified the election of Kibe saying it was poorly conducted.

In his ruling, Justice Joel Ngugi faulted the IEBC for the illegalities and irregularities committed in the August 8, 2017 elections.

The court, however, absolved Kibe of any wrongdoing, with the judge saying that she never participated in propagating the irregularities.

The court ordered IEBC to pay the MP Sh3 million as legal fee and another 1.5 million shillings to the petitioner Clement Waibara

 

9. Lamu West MP- Stanley Muthama

 

MP Muthama faced a crushing blow after Justice Weldon Korir found the election process had been marred by irregularities.

Muthama, who vied on a Maendeleo Chap Chap ticket, and the IEBC were ordered to pay Sh3 million in costs of the suit filed by the Orange Democratic Movement's Rishad Amana.

 

10.  Wajir West- Ahmed Kolosh

High Court judge Francis Tuiyott nullified the election of MP Kolosh saying results from two polling stations, Qara and Korich, showed the votes cast exceeded the registered voters.

He said the move was deliberate and the work of a criminal.

He ordered IEBC to pay the petitioner Sh1.5 million.


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