The Court of Appeal has overturned a High Court ruling that nullified the election of Paul Ongili alias Babu Owino as Embakasi East MP.
Justices Mohammed Warsame, Daniel Musinga and Kathurima M’Inoti in their ruling said the High Court reasons for nullifying the election results was not founded in law.
The judges said Justice Joseph Sergon who nullified the August 8 election failed to demonstrate how the violence that occurred during the election and other irregularities noted affected the final outcome.
In March, Justice Sergon nullified the election of Mr Owino following a petition filed by Francis Mureithi who lost to the Orange Democratic Movement’s Babu Owino on a Jubilee ticket.
Mr Mureithi in his application told the court that the illegibility and discrepancies on the result forms made it difficult to ascertain what the true results were.
In the petition, Babu was being accused of allegedly interfering with the election process and causing violence during the August 8 polls.
Justice Sergon while issuing orders for a recount and scrutiny of votes cast in Embakasi East constituency had said that he was satisfied that Mureithi had given sufficient reasons to warrant a recount.