The High Court has nullified the March 4 parliamentary elections in Kibwezi West and ordered a by election, saying it was marred with irregularities.
High Court judge David Majanja said declared MP Patrick Musimba who vied as an independent candidate, was not validly elected and directed that the only way out to get Kibwezi West voters a fair representation in Parliament was to order a fresh election.
Two petitioners, Kalembe Ndile who contested the poll through The Independent Party ticket and Ms Caroline Mwelu of Pick party, had gone to court challenging the election outcome.
The two cited irregularities which they blamed on the Independent Elections and Boundaries Commission (IEBC) and Dr Musimba.
The judgment by Justice Majanja said the tallying of the vote did not indicate a clear winner adding that the manner in which IEBC handled the exercise was wanting.
An earlier vote recount ordered by the High Court in Machakos indicated that Ndile garnered 16,891 votes against Mr Musimba’s 16,773. Ms Caroline Mwelu, was placed third after the recount with 4148 votes.
“In view of the new developments I have only two options one to declare Mr Ndile as the winner of the Kibwezi West parliamentary seat or to direct that a by-election take place,” High Court Judge Justice David Majanja ruled last month.-nation.co.ke
