Top court upholds election of MPs Kangogo Bowen, Annie Kibeh

Gatundu North MP Annie Wanjiku Kibeh (centre) celebrates at the Supreme Court on January 18, 2018 after her election in the 2017 elections was upheld. Also upheld was the election of Marakwet East MP Kangogo Bowen. PHOTO | COURTESY

What you need to know:

  • The Court of Appeal Regarding Bowen, the court said the appeal did not not raise issues of interpretation.
  • On Kibeh's case, the court said the irregularities cited did not justify annulment.
  • The others legislators who will know their fate on Friday are Babu Owino (Embakasi East), Anuar Loitiptip (Lamu Senator), Ahmed Kolosh (Wajir West), Moses Lessonet (Eldama Ravine) and Christopher Omulele (Luanda).

Lawmakers Kangogo Bowen (Marakwet East) and Annie Wanjiku Kibeh (Gatundu North) on Friday morning won the cases against their election in rulings delivered at the Supreme Court.

Regarding Mr Bowen, justice Smokin Wanjala said the appeal did not not raise issues of interpretation or application of the Constitution.

On Ms Kibeh's case, judges agreed with the Court of Appeal in saying irregularities cited did not justify annulment.

BOWEN CASE

The petition against Mr Bowen was by Mr Sammy Kipkeu Kemboi, a voter from Marakwet East.

His victory was nullified after Justice George Kimondo established that two ungazetted polling stations were used to tally the final results of the race.

Judge Kimondo cited adequate evidence to prove massive irregularities during the election. The poll, he ruled, was not free and fair as it was marred by multiple irregularities and illegalities.

The court also said the results were opaque and unverifiable and that the petitioner had partially proven his case to the required standard of proof and sufficiently challenged its integrity.

KIBEH CASE

On July 31, the Court of Appeal overturned High Court judge Joel Ngugi's decision that revoked Ms Kibeh's election.

Three judges ruled that anomalies in the August 8, 2017 election results were administrative errors, which were not substantial to nullify the election.

The judges further faulted the High Court judge who heard the case for conducting an audit of the election materials yet no party had asked for it.

It was on this basis that Justice Joel Ngugi had nullified Ms Kibeh's election.

In the top court's view, the petition was a fishing expedition by former MP Clement Waibara as he did not specify the polling stations that needed scrutiny.

OTHER CASES

The other legislators learned their fate on Friday were Babu Owino (Embakasi East), Anuar Loitiptip (Lamu Senator), Wajir West MP Ahmed Kolosh, Moses Lessonet (Eldama Ravine) and Luanda MP Christopher Omulele.

The case against Mr Owino moved to the top court after his rival Francis Mureithi disagreed with Court of Appeal judges, who overturned a decision which nullified his win.

While nullifying the MP's election, High Court judge Joseph Sergon ruled that it was marred by violence and systemic irregularities.

The court ordered Mr Owino to pay both the petitioner and the Independent Electoral and Boundaries Commission Sh2.5 million each.

The petition against Mr Lesonnet was filed by former Minister Musa Sirma while Ms Kibeh’s election was by former MP Clement Waibara.