Anwar Loitiptip wins Lamu senator petition at Supreme Court

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

While reading the judgment, justice Njoki Ndung'u noted that petitioner Albeity Hassan Abdalla failed to shift the evidential burden to Mr Loitiptip.

MARGIN

Mr Loitiptip was dethroned in July following an appeal against the High Court ruling that upheld his win.

The decision was a big win for the petitioner, who vied for the seat on a Wiper Democratic Movement ticket. He cited irregularities in the conduct of the election.

Mr Loitiptip (Jubilee Party) won the poll by 58 votes.

At the Court of Appeal, the ruling was that Mr Abdalla placed sufficient material before it to support the conclusion that there was need to inspect nine polling stations in question.

The court said it was clear that excluding the results of the Kiangwe Primary School polling station would diminish the impact of the 58 votes.

Therefore, the judges ruled, Mr Loitiptip could not have been validly elected.

At the Supreme Court, however, the judges said Mr Abdalla did not discharge the burden and that the appellate court erred in shifting it to the Senator. 

OTHER RULINGS

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.