Nairobi — The Appellate Court in Kisumu has upheld a High Court decision that nullified the election of Cyprian Awiti as Homa Bay Governor.
The judges' verdict was read out by Justice Fatuma Sichale who ruled that there was overwhelming evidence to show that the election was not free and fair.
"Is there evidence that the tallying process was flawed? The answers to these questions are contestations of primary facts and we have no jurisdiction to delve into these issues and interfere with the Trial court's findings of fact,"she stated.
'We hereby find that all grounds in memoranda of appeal inviting us to re evaluate the evidence on record and determine credibility of witnesses have no merit as they are outside the jurisdiction of this court."
Former Kasipul MP Oyugi Magwanga had won a petition at the High Court against Awiti's win, but he moved to the Appellate Court.
Here is Magwanga who emerged second during last year's election.