A Court of Appeal sitting in Eldoret town will on Wednesday make a ruling in relation to an appeal filed by Alfred Keter seeking to overturn a High Court decision to nullify his win as the Nandi Hills Member of Parliament.
On March 1, Eldoret High Court Judge Kanyi Kimondo declared that Keter was not validly elected on August 8, 2017, as Nandi Hills Parliamentary election was not held in a free and fair environment.
In his ruling, Justice Kimondo said there was sufficient evidence to prove that the Jubilee MP conducted illegal campaigns on August 6th and 7th.
Keter, however, contested the decision and the three-judge bench will be making its determination as to whether Nandi Hills voters will be going back to the ballot or not.
During the hearing of the appeal, Keter’s lawyer Otiende Amollo had argued that reasons that led to the nullification of his client’s victory, that he campaigned beyond stipulated time, were untrue.
According to Amollo, the matter was not within the hearing jurisdiction of the petition.
Lawyer Amos Magut, who represented the petitioner Benard Kitur, however, insisted that the main issue for the case is campaigning beyond stipulated time.
Judges Erastus Githinji, Fatuma Sijale and Anna Okwengu will be delivering their ruling on the appeal.
In the August poll, the Independent Electoral and Boundaries Commission (IEBC) announced Keter as the winner with 28,923 votes against 13,872 garnered by his main rival Bernard Kitur who initially filed a petition that led to the nullification of the results.