Kenya MP loses seat in poll petition

Politician Daniel Karaba celebrates with his supporters at the High Court October 22, 2010 after the court nullified the election of Kirinyaga Central MP Ngata Kariuki following a petition filed by Mr Karaba. PAUL WAWERU

Kirinyaga Central MP Ngata Kariuki has lost his parliamentary seat after a court nullified his election Friday.

High Court judge Mr Justice Mohammed Warsame said the people of Kirinyaga were denied their personal choice to represent them in Parliament.

He said the Returning Officer had breached all electoral rules and proceeded to declare wrong candidate the winner of the 2007 poll.

Justice Warsame said Mr Ngata benefited from the illegal announcement and that he should not be allowed to continue to reap the benefits of the illegality.

He said the poll loser, Daniel Karaba, was the actual winner of the poll but was short changed by the Returning Officer, who confessed before the Kriegler Commission, appointed to probe the electoral process of 2007.

"He unashamedly confessed that he declared the loser the winner," said Justice Warsame.

The Ford Asili MP becomes the eighth legislator to lose in seat in election petitions in the life of the Tenth Parliament.

Other who lost their seats include: Joel Onyancha (Bomachoge), Omingo Magara (South Mugirango), Chirau Ali Mwakwere (Matuga), Bishop Margaret Wanjiru (Starehe), Dick Wathika (Makadara), George Thuo (Juja) and Abdirahman Hassan (Wajir South).

Of these, only Cabinet minister Chirau Mwakere and Bishop Wanjiru retained their seats.