The Court of Appeal has nullified the election of Lamu Senator Anwar Loitiptip and ordered the Independent Electoral and Boundaries Commission (IEBC) to conduct a fresh election.
Judges Alnashir Visram, Martha Koome and Wanjiru Karanja ruled that the petitioner proved beyond reasonable doubt that the Lamu Senatorial election was marred by massive irregularities which affected the outcome.
A three-judge bench at the court of appeal in Mombasa declared the Lamu Senatorial election null and void.
The judges faulted the IEBC for declaring Loitiptip the winner despite irregularities where votes cast exceeded the number of registered voters.
With the high court having upheld the election of Loitiptip earlier this year, the appellate judges observed that the high court erred in law when it validated the election despite the petitioner adducing enough evidence to support claims on the breach of election laws.
Wiper democratic candidate Hassan Abeity had challenged Loitiptip’s election citing massive irregularities relating to vote counting and verification. The Jubilee Senator has however vowed to move to the Supreme Court to defend his seat.
In Eldoret, the court of appeal upheld the election of Marakwet East MP Bowen Kangongo overturning the High Court decision to nullify his August 8, 2017 election victory.
Judges Erastus Githinji, Hannah Okwengu and Jamilah Mohammed said a voter’s petition alleging voter of electoral Malpractices and rigging were not supported by any evidence.
The same court further upheld the election of Joyce Emanikor as Turkana Woman Representative ruling that the petitioner failed to prove claims of massive irregularities.