Babu Owino has moved to the Court of Appeal to challenge the nullification of his election as Embakasi East MP.
The legislator lost his seat last week after a petition was filed by his close challenger in the August 8 elections, Francis Mureithi.
If all goes well for Babu at the Court of Appeal, the decision might be overturned and he will get back his seat.
[caption caption="Babu Owino"][/caption]
Last week, Senior Counsel Ahmednasir Abdullahi explained that outcomes of judgments upholding or quashing petitions may change since the decisions will be reviewed by three judges.
"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.
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 and intimidation of the RO.
"If appealed, the Judgment will be overturned," he tweeted.
During the petition, Justice Joseph Sergon indicated that the ousted MP had intimidated the Independent Electoral and Boundaries Commission (IEBC) officials at the Constituency's tallying centre.
He further indicated that there were incidences of violence at Soweto Polling Station that saw the voting process halted temporarily.
[caption caption="Babu Owino in the Company of NASA Politicians"][/caption]
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