Supreme Court reinstates Lisamula as Shinyalu MP

July 16, 2014 2:07 pm
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Deputy Chief Justice Kalpana Rawal who read out the decision of the four-judge bench said the petition challenging Lisamula's election was time barred/FILE
Deputy Chief Justice Kalpana Rawal who read out the decision of the four-judge bench said the petition challenging Lisamula’s election was time barred/FILE
NAIROBI, Kenya, July 16 – The Supreme Court has reinstated Silverse Lisamula as Shinyalu MP after nullifying decisions by two lower courts on his March 2013 poll victory.

Deputy Chief Justice Kalpana Rawal who read out the decision of the four-judge bench said the petition challenging Lisamula’s election was time barred.

“The determinations made by both the High Court and the Court of Appeal are hereby annulled. The certificate issued by the Court of Appeal in Kisumu is hereby declared a nullity and quashed. The status of the National Assembly seat for the Shinyalu constituency reverts to the status quo entered on 6th of March 2013,” the judges ruled.

“The parties should bear their own cost at the High Court, Court of Appeal and the Supreme Court respectively. These orders shall forthwith be served to the Speaker of the National Assembly,” the court ruled.

Lisamula who spoke to journalists soon after the ruling stressed he is now focused on serving his constituents after the rigorous petition that had threatened to send him home.

“I am happy that the decision has been made and it has also honoured the decision of the people of Shinyalu. I want to thank the judicial process for this very important decision. This is the way we need to move forward as a country. It now just means that we have to change our gears and move very fast so that we can catch up on the developments that we have not been able to carry out because of these interruptions,” he said. “I should also thank my family because they have been very patient, they did not give up on me and I think that their prayers have now been answered.”

Lisamula had filed the petition at the Supreme Court under a certificate of urgency to contest the decision by a three judge bench of the Court of Appeal that nullified his election, accusing them of bias.

The Court of Appeal had nullified the election of the Shinyalu MP and ordered a fresh election after ruling that his election was marred by irregularities.

Justices Onyango Otieno, Agnes Murgor and Patrick Kiage sitting in Kisumu had stated that Lisamula was not validly elected.

They ruled non-conformity and non-compliance with the law affected the election results.

The court had said that evidence provided proved the election was marred with violence and intimidation of voters.

The court was also not convinced that the election was administered in an impartial, neutral, efficient, accurate and accountable and stated that the administration of Shinyalu election is not curable by Section 83 of the Election Act.

The judges also faulted the High Court decision for upholding the election of Lisamula.

The Appellate Judges ordered Lisamula to pay the appeal cost and of the petition at the High Court.

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