The Appeals Court has reversed High Court’s ruling that upheld the election of Julius Mawathe Musili as the Embakasi South MP.
While nullifying Mawathe’s victory on Friday morning, the Appellate Court noted that the Independent Electoral and Boundaries Commission (IEBC) did not follow the law in conducting the election.
Appeals Court Judges Daniel Musinga, Mohammed Warsame and Kathurima M’inoti ordered the electoral commission to conduct a fresh election in strict adherence to the law.
The ruling comes after ODM’s Sumra Irshadali Mohamed moved to the Appellate Court to challenge High Court’s decision that declared that the Wiper Party’s candidate was validly elected.
Speaking after the ruling, Sumra exuded confidence that he would recapture the seat once a by-election is held.
“I have no doubt I will win in the by-election,” Sumra told journalists and his supporters outside the court.
In his petition, Sumra who was defending his seat in the August 8th,2017 polls, claimed that IEBC’s Embakasi South Constituency Returning Officer “declared the loser as the winner and the winner the loser.”
Mawathe was declared the winner of the election after garnering 33,880 against Sumra’s 33,708 votes.
