Babu Owino has lost his seat as the Embakasi East Member of Parliament.
This follows the successful petition by his close challenger in the August 8 elections, Francis Mureithi, that ended with a vote recount.
The recount was termed by Mureithi as inconclusive as some of the ballot boxes and Forms 34A were reportedly missing.
[caption caption="Ousted Embakasi East MP Babu Owino"]
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Babu had garnered 46,817 votes against the petitioner, Mureithi's 42,501 votes.
Nullifying the election, Justice Joseph Sergon indicated that the ousted MP had intimidated the Independent Electoral and Boundaries Commission (IEBC) officials at the Constituency's tallying center.
He further indicated that there were incidences of violence at Soweto Polling Station that saw the voting process halted temporarily.
The court further dismissed video evidence presented by the respondent since it did not meet the evidencial threshold.
Justice Sergon ordered for a repeat of the election and directed Babu to pay Sh5 Million as the cost of the case.
Speaking at the Court shortly after the nullification, Babu's lawyer Edwin Sifuna indicated that they would appeal the ruling.
Shortly after the ruling Babu stated: "Our victory has been postponed. This is no longer about Babu Owino but will of the people on trial. We will emerge stronger and more focused than before."
He further read mallice in the ruling noting: "The whole nation knows that this is a war of the President and Deputy President against Babu Owino. I have opposed them and now they are fighting back. The President is controlling the judiciary.”
Former Kakamega Senator Boni Khalwale was among the first leaders to promise Babu of support in the by-election.
Pole kid bro, @Babu_Owino, all will be well. I will vigorously campaign for u in the ensuingy-elections. https://t.co/5zx23AvPOp
— Boni Khalwale (@KBonimtetezi) March 2, 2018
Lawyer Nelson Havi also voiced his opinion about the same noting: "For Babu Owino, my advice is that he should appeal to the Court of Appeal and get an impartial bench. The stakes are high."
Mureithi, on his part, indicated that the ruling was a verification of their allegations that the election was not free and fair and he was ready to face Babu in the repeat election.
Elsewhere, the election of Wajir West MP Ahmed Kholosh was also nullified on Friday by High Court Judge Francis Tuiyott declaring that the election was not free and fair.
