High Court nullifies Babu Owino elections over irregularities. Ordered to Pay 5 Million
The High Court in Nairobi has nullified the election of Paul Ongili alias Babu Owino as the Embakasi East Member of Parliament.
In his ruling Justice Joseph Sergon indicated that Babu Owino was not validly elected further directing that a by- election be conducted in accordance to the law.
The court further ordered that Babu Owino pays Ksh.5 million in costs, Ksh.2.5 million to the petitioner Francis Mureithi and the other half to IEBC.
The ruling comes after the High Court in Nairobi ordered a recount and scrutiny of votes on February 13, following a petition filed by Mr. Mureithi, his closest rival.
In his witness testimony on November 28, 2017, Mr. Mureithi claimed that the election exercise was marred with violence, intimidation, voter bribery among other electoral malpractices
The judge also said there were errors and irregularities during the election process.
On Wednesday, Owino asked the court to dismiss the petition against him as minor irregularities should not be used to nullify an election.
Owino and his rival Francis Mureithi final submissions were made on Thursday.
“You cannot have a petition that makes 100 allegations of irregularities and proves only one, and on this ground, I pray that the petition is dismissed,” Babu’s lawyer Jackson Awele said.
Awele added that the registrar’s report declared the election was free and fair.
The MP further noted that mathematical errors by IEBC officials cannot be used to nullify an election and that the petitioner did not raise any complaint of intimidation by presiding officers.