Battle for Marakwet East seat heads to Supreme Court

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“The respondent (Sammy Kemboi) could not prove that the election was marred with irregularities. The judgement of the election court cannot stand and therefore this appeal is allowed,” ruled the Appellate court judges. The judges agreed with the lawmaker's contention that the judge erred both in fact and law in nullifying his election and concluded that the irregularities claimed did not affect the votes. Mr Bowen's election was nullified by Justice George Kimondo at the High Court in Eldoret in February on grounds that there were massive irregularities and breach of electoral laws. “The petitioner cited massive irregularities and proved some of them leading to the deduction that elections results were opaque and not verifiable, the process failed the test required by the laws and constitution,” ruled Kimondo while invalidating Mr Bowen victory. Kemboi had further urged the court to announce Bowen’s closest competitor Linah Jebii who was vying on an independent ticket as the winner of the elections, claiming that IEBC and Bowen had conspired to manipulate results in favour of the latter.SEE ALSO :Plans on to reclaim access to L. Naivasha
During the hearing, Kimondo ordered for a recount of votes in four polling stations namely: Cheptany Primary School, Mungwa Primary School, Mungwa Dispensary and Kumbulul Primary School and scrutiny of forms 34A and 34B in 14 polling stations. IEBC declared Kangogo the winner with 14, 812 votes against Kilimo’s 13,845, a difference of 967 votes. Kangogo lodged a successful appeal against the high court ruling to nullify his victory.