alexa Ahmed Kolosh loses Wajir West petition, fresh election ordered - Daily Nation

Ahmed Kolosh loses Wajir West petition, fresh election ordered

Friday January 18 2019

Wajir West MP Ahmed Kalosh

Wajir West MP Ahmed Kolosh reacts while awaiting the Supreme Court judgment on his election, January 18, 2019. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP 

SAM KIPLAGAT
By SAM KIPLAGAT
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The Supreme Court has ordered fresh elections in Wajir West in the case that was filed against the election of Ahmed Kolosh as its member of parliament.

Mr Kolosh bit the dust, the court ruling on Friday that his election was invalid. The ruling resulted from a petition by Abdirahman Ibrahim Mohamed (Kanu).

IRREGULARITIES

The top court cited irregularities at Qara polling station, which it noted could have favoured the MP or the loser.

The High Court cancelled Mr Kolosh's election in March, stating that there was a deliberate plan to suppress the will of voters.

Justice Francis Tuiyot said the petitioner had proved that results in two polling stations- Qara and Korich - were manipulated in his favour. He said that at Qara, the number of votes cast exceeded that of registered voters by 162.

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Witnesses who testified in court said that the final result announced at Qara showed that Mr Kolosh got was 319 votes while Mr Ibrahim got 2 votes.

However, when the returning officer announced the results at the constituency tallying centre at Griftu Pastoralist Training Centre, the MP’s votes had been inflated to 540 votes.

The Court of Appeal later overturned the High Court's decision so a dissatisfied Mr Ibrahim turned to the apex court through lawyer Fred Ngatia.

SECOND CHANCE

The petitioner wanted the High Court to declare him the winner but Justice Tuiyott rejected the move saying he would rather give the people of Wajir West another chance to elect their leader.

Justice Njoki Ndung’u said they found it was clear that there were irregularities in Qara.

The judges also rejected Mr Ibrahim's application to be declared the winner and ordered the Independent Electoral and Boundaries Commission (IEBC) to conduct a fresh poll.

Other MPs whose elections were nullified are Chris Karan of Ugenya and Julius Mawathe of Embakasi South.

OTHER RULINGS

Earlier on Friday, 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.

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.