Supreme Court upholds Babu Owino election in Embakasi East

Politician Babu Owino, real name Paul Ongili, reclaimed his Embakasi East MP seat as the Supreme Court upheld the Court of Appeal decision that he was validly elected.

While reading the judgment on Friday, justice Isaac Lenaola noted that the Court of Appeal did no err in overturning the High Court decision that the MP was not validly elected.

Justice Lenaola further cited the issue of violence at Soweto Social Hall during the August 8, 2017 general election.

“That fact alone could not render the election invalid,” he said.

Mr Owino's election was cancelled in March, High Court judge Joseph Sergon ruling that it was marred by violence and systemic irregularities.

Judge Joseph Sergon noted that the petitioner, Mr Francis Mureithi of Jubilee Party, had proven the entire exercise was marred by violence, intimidation and other electoral malpractices.

At that time, the court ordered Mr Owino to pay the petitioner and the Independent Electoral and Boundaries Commission Sh2.5 million each.

Earlier on Friday, lawmakers Kangogo Bowen (Marakwet East) and Annie Wanjiku Kibeh (Gatundu North) won the cases against their election in rulings delivered at the top court.

Regarding Mr Bowen, Justice Smokin Wanjala said the appeal did not not raise issues of interpretation.

On Ms Kibeh's case, the court said the irregularities cited did not justify annulment.

The Supreme Court also validated the election of Lamu Senator Anwar Loitiptip, saying electoral rules and the Constitution were followed.