, NAIROBI, Kenya, Apr 5 – Justice Mohamed Warsame on Thursday set April 23 as the hearing date for an appeal filed by Embakasi East lawmaker Paul Ongili alias Babu Owino challenging the nullification of his election last month.
The appeal whose outcome is expected by the end of the month will be heard by a Court of Appeal bench comprising Justices Warsame, Kathurima M’Inoti and Daniel Musinga.
While appearing for mention on Thursday, Justice Warsame directed Owino’s lawyers to file submissions within seven days with respondents expected to file replies within seven days thereafter ahead of the hearing.
Owino’s election was nullified by Justice Joseph Sergon of the High Court on March 2.
Justice Sergon had ruled that Owino’s election on August 8 last year was marred by irregularities rendering it invalid.
In his ruling, Justice Sergon found Owino to have coerced and intimidated the Returning Officer in Embakasi East hence the finding that the election was not free and fair.
In addition, the judge found the election results to be unverifiable due to what he termed as the irregular filling of results forms.
He had however thrown out allegations of violence which Owino’s competitor Francis Mureithi had alleged prevented voters from casting their ballots in one of the polling centers in the constituency.
Speaking at the Court of Appeal stationed at the Supreme Court building after Thursday’s mention, Owino said he had confidence in the Court of Appeal and the three-judge bench set to hear his matter.
“I have absolute confidence in this court. I would not wish to speak of Justice Sergon’s ruling because that is behind us for now,” he said.
“I am confident that my election will be upheld because I have no doubt the people of Embakasi East gave me the mandate to represent them at the National Assembly,” he added.