KENYA: Mary Wambui loses Othaya MP seat

Mary Wambui has lost her parliamentary seat as the Court of Appeal in Nyeri Thursday ruled that her election as Othaya MP had many discrepancies

The court said there were many errors in the transposition of votes in Forms 35 and Forms 36 adding that the High Court should have ordered for a scrutiny and recount of the votes.

Appellant court judges Alnashir Visram Martha Koome and Otieno Ondek said the totality of irregularities most likely affected the election of Othaya constituency.

“The Othaya constituency elections were not conducted in an accurate and accountable manner and we declare the election of Ms Mary Wambui as null and void. She was not duly elected,” said Justice Visram.

The court ordered the Independent Electoral and Boundaries Commission to issue a certificate to the Speaker of the National Assembly to notify him of the vacancy in the Othaya seat.

In his appeal, the appellant, Mr Peter King’ara had told the court the elections were not conducted in an impartial, accurate and accountable manner noting that the respondents had admitted as such.

“The petitioner has placed enough evidence and a reasonable person looking at the results of the 92 polling stations would conclude that about 4,600 votes are in limbo,” he said through lawyer Kyalo Mbobu.

The court of appeal noted that High Court Judge Justice Jarius Ngaa should have ordered for a scrutiny and recount of the votes after the errors were pointed out.

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Mr King’ara had laid 35 grounds of his appeal where he said the High Court was biased against him when dismissing his petition.

The judges noted that Ms Wambui’s chief agent Mr Jeremiah Ichaura had testified in court and admitted the errors but the High Court ruled they were typographical and clerical errors in transposing results in Forms 35 and Forms 36.

“There was no basis for the judge to conclude that the totality of the errors were negligible and did not affect the elections. A recount was necessary,” said Justice Visram.

After the nullification of the elections, Mr King’ara said he will contest in the by-elections adding that he was sure he would win.

“There was evidence that the judge did not want to look at. The Court of Appeal has restored my faith in the Judiciary and is a vindication of my life as a lawyer,” he added.

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