NAIROBI (Halbeeg News) – Kenya’s Supreme Court has nullified the election of Mohammed Ahmed Kolosh as Wajir West MP after a successful petition filed by Ibrahim Sheikh.
In a ruling delivered on Friday, the court held that Kolosh was not validly elected on August 8, 2017, citing massive irregularities.
The court ordered the IEBC to conduct a fresh poll.
According to a statement, the Supreme Court ruled that the Court of Appeal erred in upholding the election.
The court overturned the ruling, saying the results in one polling station (Kara) could have shifted to either of the candidates.
The Court of Appeal had ruled that Kolosh was validly elected. Court of Appeal judges said the election was conducted in line with the law, and the nullification of his win by the High Court in March was without a basis.
The appeal had been filed by petitioner Abdirahman Ibrahim Mohamed (Kanu), who successfully challenged Kolosh’s win at the High Court. Kolosh also filed a cross-cross-appeal.
The other legislators who will know their fate on Friday are Babu Owino (Embakasi East), Anuar Loitiptip (Lamu Senator), Moses Lessonet (Eldama Ravine) and Luanda MP Christopher Omulele.
The case against Mr. Owino moved to the top court after his rival Francis Mureithi disagreed with Court of Appeal judges, who overturned a decision which nullified his win.
While nullifying the MP’s election, High Court judge Joseph Sergon ruled that it was marred by violence and systemic irregularities.
The court ordered Mr Owino to pay both the petitioner and the Independent Electoral and Boundaries Commission Sh2.5 million each.
The petition against Mr Lesonnet was filed by former Minister Musa Sirma while Ms Kibe’s election was by former MP Clement Waibara.
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