Why Babu's Nullification Might be Overturned - Lawyer Ahmednasir Explains

Babu Owino's election as Embakasi East MP was nullified on Friday but lawyer Ahmednasir Abdullahi explained that all may not be lost.

The Senior Counsel stated that judgements upholding or quashing petitions will now move to the Court of Appeal and outcomes may change.

"Judgements nullifying or upholding election petitions will now move to the Court of Appeal...a robust appeal process and courts presided over by three judges will now be the new battleground.

"I'm sure that a few judgments will be overturned and many upheld," stated Ahmednasir on Twitter.

[caption caption="Ahmednasir Abdullahi"][/caption]

His sentiments were echoed by lawyer Donald Kipkorir who hinted that the basis of Babu's nullification did not hold water.

"Have now read in full the 63 page Judgment nullifying the Election Of my friend Babu Owino...The Judge nullified the results on mainly two grounds: Violence in one Polling Station out of 207 Stations & intimidation of the RO.

"If appealed, the Judgment will be overturned," he tweeted.

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."

The nullification followed a successful petition by Owino's close challenger in the August 8 elections, Francis Mureithi.

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 evidential threshold.

Justice Sergon ordered for a repeat of the election and directed Babu to pay Sh5 Million as the cost of the case.

Babu had garnered 46,817 votes against the petitioner, Mureithi's 42,501 votes.

[caption caption="Babu Owino"][/caption]

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