Court of Appeal nullifies election of Julius Mawathe as Embakasi South MP

Embakasi South MP Julius Mawathe (left) former Mp Irshad Sumra who had taken him to court. PHOTO: COURTESY

Nairobi, KENYA: The Court of Appeal has nullified the election of Embakasi South Mp Julius Mawathe.

The petition was filed by former MP Irshad Sumra who claimed that there was lack of transparency in the tallying and declaration of the results.

In his petition, Mr. Sumra blamed the electoral commission for his defeat, claiming that the returning officers declared the loser as the winner and the winner the loser.

Justice Mohammed Warsame who read the judgment that overturned the high court decision which had declared Embakasi South Mp Julius Mawathe the winner said the high court judgment is set aside and directed the Independent Electoral and Boundaries Commission IEBC to conduct fresh elections after 60 days.

Former Embakasi South MP Sumra had argued that the KIEMS KIT used was a malfunction in some polling stations that were his strong points, therefore, rendering the voting process impossible.

He further said his agents were coerced to take 30 minutes to break before the tallying and tabulation of the votes cast therefore tampering with the credibility of the whole process.

Mr. Mawathe was declared the winner after garnering 33,880 against Mr. Sumra’s 33,708

There are 150,315 registered voters in the constituency.