The Kisumu Court of Appeal has ordered fresh gubernatorial polls in Homa Bay County within the next 40 days after upholding the decision by the high court annul the election of Cyprian Awiti.
A three-judge bench of the Kisumu appellate court ruled that Awiti’s win was marred by irregularities.
Awiti had sought the appellate courts intervention after his election was quashed by the high court on account of electoral malpractices.
The petition at the High Court had been filed by former Kasipul Kabondo Member of Parliament Oyugi Magwanga.
On Thursday morning a three judge bench led by Justice Fatuma Sichale ruled that the Homa Bay gubernatorial elections on August 8th 2107 were not conducted in accordance with the law.
The decision made by a three-judge bench of the Kisumu appellate court leaves Awiti with no other choice but to move to the Supreme Court.
Justice Fatuma Sichale has further ordered Awiti to pay Ksh4 million and IEBC Ksh2 million to Mr Magwanga as costs of the case.
Awiti first lost his seat in February after a successful petition by former Kasipul MP Oyugi Magwanga.
He, however, appealed against Homabay High Court Judge Joseph Karanja’s decision to nullify his election.
The Judge while making the ruling at the Homa Bay court said 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.
One of the grounds in the appeal notice, Awiti disclosed are sets of forms 37 (A)’s which were presented by the petitioner, Magwanga upon which the judge based his judgment.
He said the vote recount that was conducted confirmed governor Awiti’s win and therefore the forms introduced by Magwanga were strange and could therefore not be used to nullify the election.
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.
Tom Onyango of Jubilee was third with 1,432 votes. Another independent Medo Misama managed 668 votes.
The same court upheld the elections of Shinyalu MP Justus Mugali, Ikolomani MP Bernard Shinali and Luanda MP Christopher Omulele.