Embakasi East MP Babu Owino has lost his seat after Justice Joseph Sergon of the Milimani High court declared that there were widespread errors in the results
Sergon pointed at the evidence and testimonies by witnesses at the Soweto social hall polling station.
"Petitioner collaborated with evidence that Babu Owino caused violence and voter intimidation and the Soweto social hall polling station hence voters failed to vote successfully," said Sergon.
"It is also in evidence that on 8th August, there was congestion at the Soweto social hall polling center," reads part of Sergon's submission.
"After careful consideration of pleading, evidence, and scrutiny. I am not persuaded that Babu Owino instigated violence at Soweto social hall polling center," said Sergon.
However, Sergon said he is persuaded that Babu Owino intimidated IEBC officials to declare him the winner in a polling center where Babu's supporters were more than the polls officials and police.
"The election of Babu Owino should be repeated and the process is fully followed," said Sergon.
In his response to the ruling, Babu Owino said he strongly disagrees with the conclusion of the judge despite the fact that they respect the ruling.
Edwin Sifuna who is part of Owino legal team said they are filling an appeal to fight the decision until they establish what is the true will of the people.
"It is not news that I have been fighting the government. This is a war between me and Uhuru and Ruto. It is so sad that the executive arm is controlling the judiciary. I thank all Nasa supporters and I am strong. If God created me no man can bring me down," said Babu.
Babu's rival Mr Francis Mureithi had moved to court arguing that the August 8 exercise was not free and fair and the court granted him his request for a fresh recount of votes where the outspoken ODM MP won.
Through his lawyer Kiragu Kimani, Mureithi said the election is not only about numbers but the process, which was flawed.