KISII, Kenya, Dec 17 – Trade Assistant Minister Omingo Magara has lost his South Mugirango Parliamentary seat after the High Court nullified his election.
Kisii resident judge Daniel Musinga has ruled that Mr Magara’s election was marred by irregularities and ordered a by-election to be carried out.
Poll loser Manson Oyongo Nyamweya, who vied and lost on KANU ticket had filed the petition challenging Mr Magara\\\\\\\\\\\\\\\’s election in the last General Election.
Last month, the court dismissed a last-minute attempt to delay the hearing after Mr Magara’s lawyer Katwa Kigen sought an adjournment to prepare affidavits.
Last year Joel Onyancha lost his Bomachoge parliamentary seat in a case filed before Justice Musinga.
Justice Musinga ruled that the form 16 As used in counting votes in the constituency were not signed by the Presiding Officers who counted the election and therefore couldn’t be authenticated.
The judge said due to the anomaly, it was difficult to tell who the winner of the election was.
Mr Nyamweya had alleged that the election process was flawed and petitioned the court to declare him winner.
Mr Magara becomes the second MP to lose his seat after the High Court nullified elections in Bomachoge.
His lawyer Katwa Kigen has faulted the judge for dwelling on technical arguments adding that it was improper for the court to drag the case, having known that it would end in the manner it did.
Earlier in the year, the High Court ordered a recount of the votes in which Mr Magara won again.
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