, KISUMU, Kenya Mar 28 – Fred Outa has lost his seat as the Member of Parliament for Nyando and is set to be investigated over bribery claims during the 2013 elections.
Judge Festus Azangalala said use of Constituency Development Funds during campaigns amounted to an electoral offence and requested the Director of Public Prosecutions to commence investigations into the bribery allegations.
Outa, who was serving his second term as the area legislator, could be barred from vying in the by-election and the next General Elections, if he is convicted for electoral bribery.
The Elections Act 2012 bars the use of public resources for the purpose of campaign during an election or referendum.
Section 87 (3) reads: “The relevant Speaker shall publish a report made under this section in the Gazette, and the Commission shall consider the report and delete from the register of voters, the name of a person who is disqualified from being registered in that register of voters.”
Judge Azangalala in his ruling noted that the poll was fraught with irregularities and directed IEBC to conduct a fresh election.
After the ruling, Jared Okello the petitioner who contested on a Ford-Kenya ticket said the Court of Appeal vindicated him.
Okello said he had water tight evidence that was thrown out by the High Court.
He said he is ready for the by-election and will prove that he was the favourite candidate.