The Court of Appeal on Thursday upheld the nullification of Homa Bay governor Cyprian Awiti's election.
In a ruling delivered by the Lady Justice Fatuma, the judge noted that the trial judge did not ignore reports, he considered it against all evidence provided.
The court stated that it had established there were some irregularities in the documents tendered by the Independent Electoral and Boundaries Commission (IEBC).
Justice Fatuma delivering her ruling at the Appellate court in Kisumu further noted that some forms were not signed by the presiding officers and also some of them did not have stamps.
[caption caption="Homa Bay governor Cyprian Awiti"]
[/caption]
She maintained that the evidential burden proof, in this case, shifted to IEBC and the petitioner Former Kasipul MP Oyugi Magwanga proved there were irregularities in 2017 poll.
When High Court Judge Justice Karanja nullified Awiti's election he faulted the IEBC for conducting the election shoddily adding there were two sets of conflicting results in the governor’s election.
Justice Karanja ruled: “There were two conflicting results presented by both the Independent Electoral and Boundaries Commission (IEBC) and the petitioner."
The High Court judge had then further stated: "It was the responsibility of the IEBC to distinguish the genuine one but it failed to do so.”
The judge had argued that evidence adduced before the court indicated that there were unauthorised alterations of forms 37A, foreign seals on ballot boxes and a number of electoral malpractices.
Magwanga and his running mate had challenged Awiti’s win citing massive irregularities and results manipulation. They later filed an application in the court for a recount and scrutiny of votes cast in the August 8 election in pursuit of a nullification.
[caption caption="Former Kasipul MP Oyugi Magwanga"]
[/caption]
The court then granted an order for scrutiny and a recount of votes in 400 polling centers across the county in December 2017.
Magwanga sued IEBC, Homa Bay County Returning Officer Michael Kosgei, Homa Bay Governor Cyprian Awiti and his Deputy Hamilton Orata.
He accused the IEBC officials who manned the General Election of depriving him of a victory he claimed to have won.with over 218,000 votes against Awiti’s 174,235.
