, NAIROBI, Kenya, Jul 19 – The Court of Appeal in Kisumu will on Thursday rule on an application by Homa Bay Governor Cyprian Awiti to have the High Court decision nullifying his election set aside.
Former Kasipul MP Oyugi Magwanga won a petition at the High Court against Awiti’s win.
Magwanga had emerged second during last year’s election.
Judge Joseph Karanja said the Independent Electoral and Boundaries Commission had failed to ensure a free and fair election.
During the appeal hearing, IEBC lawyers faulted the decision.
The court will also deliver rulings on petitions for the Ikolomani, Shinyalu and Luanda parliamentary seats.
On Wednesday, the court struck out two parliamentary election petitions on technicalities.
Justice Erastus Githinji ruled that the petitions challenging the election of Lukuyani MP Enoch Kibunguchy and his Bomachoge counterpart Alpha Miruka lacked merit.
While delivering the rulings, Githinji stated that they were filed outside the mandatory timelines stipulated within the elections Act.