Court of Appeal sitting in Eldoret has overturned High Court decision that nullified the election of Nandi Hills MP Alfred Keter.
Justices Erastus Githinji, Hannah Okwengu and Jamilah Mohammed ruled that Alfred Keter had been validly elected.
The judges further ruled that the petitioner Benard Kitur did not provide sufficient evidence that Keter engaged in election malpractice by campaigning beyond the stipulated time.
The MP challenged the decision, on March 1, by High Court judge Kanyi Kimondo, nullifying his election following a successful petition by Bernard Kibor who vied as an independent candidate.
Keter's lawyers, led by Otiende Amollo, had told the appellate court that the High Court erred in law by nullifying the election based on non-factual evidence.
"The High Court used a single ground that Keter campaigned in six places on August 6, last year, but we have argued that there was no evidence to that effect," said Amollo told the three-judge bench.
The MP maintained he did not engage in illegal campaigns and his victory should be validated by the appellate court.
But Kibor, through his lawyer Amos Magut, asked the judges to reject the appeal and uphold the High Court decision because witnesses had said Keter campaigned on the said day, which was out of the time stipulated by the IEBC.
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