, NAIROBI, Kenya, Feb 13 – The Court of Appeal sitting in Nyeri has overturned the March 4 2013 election of Mary Wambui as the MP for Othaya.
The judges ruled that Wambui’s election was marred by irregularities and directed that a fresh election be conducted in the constituency.
Poll loser Peter Gichuki King’ara had challenged Wambui’s victory in the High Court but his petition was dismissed, forcing him to move to the appellate court.
Justices Alnashir Visram, Martha Koome and Otieno Odek set aside the High Court judgment and directed that a certificate of nullification of Wambui’s election be issued immediately to the National Assembly.
The judges said that King’ara had valid reasons to appeal Justice Jairus Ngaah’s judgement delivered in September last year.
In the appeal, King’ara was asking for a recount of votes cast in the constituency, which he believes, could make him the winner in the March 4, 2013 poll.
“The judge erred in law in declining to order for scrutiny and recount of votes cast during elections while the circumstances and evidence adduced before him were sufficient to warrant such an order,” King’ara had said in his appeal.
King’ara said the law of natural justice was breached when he was barred from adducing evidence in support of the petition during proceedings.
Speaking after the nullification, Wambui said she was ready to face her challengers once again and expressed confidence that she will easily trounce them.