Babu Owino suffers blow as court orders vote recount

Written By: KBC Reporters
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Embakasi East MP Babu Owino has suffered a blow after the high court ordered for scrutiny and recount of votes in Embakasi East Constituency to determine the winner of the August 8 2017 election.

In his determination, Judge Joseph Sergon ruled that the petitioner Francis Mureithi provided sufficient reasons to warrant a recount.

Mureithi who is challenging the election of Babu Owino as Embakasi East MP had filed an application for scrutiny and recount of votes cast during the 2017 August election.

Judge Sergon in his ruling noted that the returning officer who was in charge of Embakasi East election admitted in court that the results he announced did not tally with the ones in form 35A.

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Elsewhere, Meru Senator Mithika Linturi has challenged an application to have a petition challenging his victory withdrawn.

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Through his lawyer Prof Tom Ojienda, the Meru Senator wants the court to strike out the application by petitioner Mugambi Imanyara on grounds that it is in bad faith and violates public policy and principles that govern prosecution of election petitions. Judge Ann Ongijo will rule on the matter on February 20, 2018.

Meanwhile, the election of Busia Governor Sospeter Ojaamong for a second term was Monday upheld by Busia High Court Judge Kiarie Waweru Kiarie.

Kiarie in his one-hour ruling said the third respondent was validly declared as the elected Governor of Busia County, adding that the petitioner failed to prove to the contrary.

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Former Funyula MP Dr. Paul Otuoma however, conceded defeat moments after the ruling. Addressing the press outside the court, Otuoma said he may not agree with the verdict but he has to respect the court verdict.

The petitioner Peter Odima who was the county campaigner for Dr. Otuoma will pay a total of 12 million shillings with the first, second and third respondents getting 4 million shillings each.

Odima, had cited malpractices during the campaign period, voting process and at the Amukura tallying centre, harassment and intimidation of returning and presiding officers and use of county resources.

Elsewhere, controversial lawyer Miguna Miguna has in sued the state over his deportation to Canada and subsequent withdrawal of his Kenyan passport.

Miguna who through his lawyer Dr John Khaminwa filed the suit at the High court, seeks to have the deportation orders quashed and his passport reinstated.

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Miguna was deported to Canada last Tuesday hours after he appeared before a Kajiado Court where he declined to take a plea.

He had been in police custody for five days. Meanwhile, human rights lawyer Harun Ndubi was arraigned in court and charged with traffic obstruction on Jakaya Kikwete road within Nairobi County.

Appearing before Resident Magistrate Electer Riany, Ndubi was accused of driving under influence of alcohol and failing to take instructions from a police officer.

Ndubi denied the charges and was released on a cash bail of 30,000 shillings. The case will be heard on 23 February 2018.

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