The “handshake” seems to be working as the three judges of the Court of Appeal have overturned a High Court judgement which had nullified Babu Owino’s win. The battle in the court had had earlier ruled in favour of Francis Mureithi. The case had been highly criticised for having a hand from the above that led to the nullification of the election after a recount that had seen Babu Owino winner.
Justices Mohammed Warsame, Daniel Musinga and Kathurima M’Inoti on Friday said the nullification of the results on account of recount and scrutiny was not founded in law.
They said the irregularities noted in the results did not fundamentally affect the final outcome.
The court also said Justice Joseph Sergon, who nullified the August 8 election, did not demonstrate how the violence affected the final outcome.
Further, the judges said claims that Mr Owino, also known as Paul Ongili, intimidated the returning officer were unfounded.
At the same time, the court dismissed a case filed against Kibwezi East MP Jessicah Mbalu.
Judge Sergon in March nullified Mr Owino’s win following a petition filed by Jubilee’s Francis Mureithi.
Mr Mureithi of the Jubilee Party accused Mr Owino of electoral misconduct.
And while quashing the win, Judge Sergon said the election was marred by massive electoral malpractices, including violence and systematic irregularities.
The judge also said Mr Mureithi had proven the entire exercise was ruined by violence, intimidation, and other electoral malpractices.