12 July 2018

Kenya: Marakwet East MP Bowen Kangogo Bounces Back

Marakwet East MP Bowen Kangogo has won an appeal against High Court decision that nullified his election.

The Court of Appeal in Eldoret on Thursday overturned the High Court decision after finding that the petitioner, Mr Sammy Kipkeu Kemboi,  failed to prove his claims of massive irregularities in the election.

Judges Erastus Githinji, Fatuma Sichale and Hannah Okwengu ruled that Mr Kemboi failed to adduce enough evidence to prove the claims.

Justice Githinji, who delivered the ruling on behalf of the other judges, said although there were some irregularities in some polling stations, they were not enough to affect the final outcome of the election.

"The petitioner failed to give solid evidence to the effect that the MP was not validly elected. In any case, the results of three polling stations where irregularities were reported could not affect the final result, " said the judges.

Mr Kipkeu had successfully convinced the High Court that the  irregularities cast doubts on the final result.

Immediately after the ruling was delivered, Mr Bowen's supporters burst into song and dance as they carried the legislator shoulder high.

Outspoken Nandi Hills MP Alfred Keter's win was also upheld by the same court on Wednesday.

Mr Kangogo’s election was first to be nullified by Justice Kanyi Kimondo on February 27 while Mr Keter’s election was nullified on March 1.

Mr Kipkeu had complained that results of two ungazzetted polling stations — Embukala and Ketmekin — were included in the final tally, while those of two gazetted stations — Tot and Maroon dispensary — were excluded by IEBC.


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