, NAIROBI, Kenya, Jun 8 – The Appeals Court has overturned the High Court decision nullifying Babu Owino’s victory as Embakasi East Member of Parliament.
Owino’s August election win was nullified by Justice Joseph Kiplagat Sergon who cited widespread errors.
The Orange Democratic Movement Party’s Secretary General Edwin Sifuna who spoke following the news asked Owino to forge ahead and work for his constituents.
“We thank the people of Embakasi and all the supporters of the party for their patience throughout this particular period and we want to encourage Hon Babu now to start the work of Embakasi East in earnest and to remember that when it comes to youth leadership in this country, he is one of the reference points when it comes to the performance of young people in the House,” he stated.
Owino described the verdict as a vindication that he was validly elected during the polls.
“I would like to thank the people o Embakasi East very much because they elected an intelligent leader who will serve them all. I will serve all of you and may God bless all of you. I will also extend an olive branch to all and ensure that they are not left out. There is a time for everything, a time to lead and a time to be led,” he said.
“This is a time for my opponents to be led. Let them respect the people in power now, so that when their time comes, they can be respected also.”
The petitioner, Jubilee’s Francis Mureithi, had successfully accused Owino of electoral malpractice.
Owino appealed the High Court ruling that saw his election nullified.
Justices Mohammed Warsame, Daniel Musinga and Kathurima M’Inoti said the nullification of the results on account of recount and scrutiny was not founded in law.
They said the irregularities noted in the results did not fundamentally affect the final outcome.
The court also said Justice Joseph Sergon, who nullified the August 8 election win, did not demonstrate how the violence affected the final outcome.
Further, the judges said claims that Owino – alias Paul Ongili – intimidated the returning officer were unfounded.