Kitutu Masaba’s Nyambati loses seat in petition

Kitutu Masaba MP Walter Nyambati on Friday lost his seat after the Kisii High Court nullified his election, saying it was not free, fair and transparent.

Resident Judge Asike Makhandia said: “It is clear as snow or cotton wool that because of the massive irregularities aforesaid, the election cannot be said to have been conducted in accordance with the principles laid down in law.”

He continued: “Nyambati was accordingly not elected as MP for Kitutu Masaba so the election for the constituency is hereby declared null and void.”

In his 78-page ruling, Justice Makhandia said returning officer Lawrence Ole Sempele testified that he did not know who won the Kitutu Masaba parliamentary election, a statement also made by the chairman of the disbanded Electoral Commission of Kenya Samuel Kivuitu, who was then Mr Sempele’s boss.

“The only option available therefore is to order fresh elections,” Justice Makhandia said.

The judge said the election was not free and fair because of irregularities committed by election officials, which included using provisional results as final results when some results from some five streams or so polling stations were not in.

He said Mr Sempele declared Mr Nyambati winner long before the final results were reconciled and harmonised.

Mr Sempele later harmonised the results in an undisclosed place in Nairobi in the absence of the candidates or their agents.

Mr Nyambati was represented by lawyers Osoro Mogikoyo and Jackson Omwenga in the petition that lasted three years.

Third loss in region

Mr Nyambati, who is the chairman of the Parliamentary Service Commission, becomes the third MP in Gusii to lose his seat and 11th in the country.

Former Bomachoge MP Joel Onyancha and former South Mugirango’s Omingo Magara had their elections nullified and lost in the by-elections.

Mr Justus Omiti Mong’umbu a voter, who had sued Mr Nyambati, had said that the 2007 elections were marred by anomalies.

He was represented by lawyer Otiende Amollo.

Mr Nyambati remained optimistic he would recapture the seat in the by-election.

“It is the electorate who decide not the court. I will go back to them and I am confident that I will complete my term in Parliament,” Mr Nyambati said after the ruling.

One of the losers in the election, Mr Timothy Bosire, lauded the ruling and said: “My victory was stolen and I will prove that during the by-election.”

During the hearing, Mr Nyambati’s lawyer caused an adjournment after claiming that a snake had coiled itself around his neck.