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Court halts decision to declare Homabay gubernatorial seat vacant

Awiti moved to the Supreme Court after the Court of Appeal upheld the decision of the High Court nullifying his election/FILE

NAIROBI, Kenya, Jul 25 – The Supreme Court has halted a decision to declare the Homabay gubernatorial seat vacant.

The country’s top court further restrained the Homabay County Speaker from assuming the office of governor, pending the hearing and determination of an appeal filed by embattled Governor Cyprian Awiti.

Awiti moved to the Supreme Court after the Court of Appeal upheld the decision of the High Court nullifying his election.

Justices Philip Waki, Fatuma Sichale and Otieno Odek noted that High Court made findings of fact that there were flaws and irregularities disclosed in the tallying process that made the declared results indeterminate as to who the winner was.

During the hearing, the court found that there were two sets of results making it difficult to know who the winner of the August 8 polls was.

Awiti’s election was challenged by former MP Joseph Oyugi Magwagwa, who maintained that he won the election but was denied victory by the electoral body.

So far, two other governors have moved to the Supreme Court after their elections were nullified.

They are Wajir Governor Mahamud Ali and his Machakos counterpart Alfred Mutua.

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