April 23, 2018

Babu’s nullification might be overturned – Ahmednasir

Senior Counsel Ahmednasir Abdullahi has weighed in on Embakasi East MP Babu Owino’s election nullification and other politicians that have lost their seats.

Ahmednasir indicates that judgements upholding or quashing petitions will now move to the Court of Appeal and outcomes may change depending on counter arguments from addicted parties.

“Judgements nullifying or upholding election petitions will now move to the Court of Appeal…a robust appeal process and courts presided over by three judges will now be the new battleground.

“I’m sure that a few judgments will be overturned and many upheld,” the Senior Counsel posted on his official Twitter handle.

On his part, lawyer Donald Kipkorir stated that the basis of Owino’s nullification did not hold water.

“Have now read in full the 63 page Judgment nullifying the Election Of my friend Babu Owino…the Judge nullified the results on mainly two grounds: Violence in one polling station out of 207 stations & intimidation of the RO. If appealed, the judgment will be overturned,” lawyer Kipkorir said.

High Court judge Joseph Sergon ruled that Owino’s election was marred by violence and systemic irregularities.

Justice Sergon ruled that the petitioner, Mr Francis Mureithi of Jubilee Party, had proven the entire exercise was marred by violence, intimidation and other electoral malpractices.

“Considering all the evidence tendered before me, I find that elections in Embakasi East were not free and fair as the entire process was dotted with violence occasioned by the voters and supporters of Mr Owino,” Justice Sergon ruled.

 

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

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