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 officer “declared the loser as the winner and the winner the loser.”
Mr Mawathe was declared the winner after garnering 33,880 against Mr Sumra’s 33,708 votes.
[caption caption="Former Embakasi South MP Irshad Sumra at the Milimani law court "]
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The court agreed with him (Sumra) that there was a serious mix-up of votes during counting at the Embakasi Girls Secondary School tallying center.
The ODM MP moved to the second-highest court in the land after the High Court on March 2 upheld the election of Mr Mawathe.
While dismissing Sumra case, Justice Grace Nzioka stated that the petitioner failed to provide sufficient evidence and ordered him to pay Ksh3 million in costs.
Speaking after the ruling Mr Sumra expressed his gratitude to the Court of Appeal as well as all the people who supported him all through the court process.
Addressing the media, Sumra's lawyer Edwin Sifuna stated that ODM is satisfied with the ruling and that they are ready to get back to the people to solicit for votes.
"We are very happy with the ruling. It is an opportunity for the Embakasi South residents to express clearly who should represent them in the National Assembly," the ODM Secretary General commented.
[caption caption="Embakasi South MP Julius Mawathe at Milimani Law Courts"]
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