High will deliver the judgment on a petition filed by Jubilee’s Francis Mureithi against Embakasi East MP Babu Owino on 2nd March 2018.
During their last submissions before justice Joseph Sergon, Owino’s lawyers told the court to dismiss the petition saying the allegations by the petitioner are minor and can not annul the election.
However, Mureithi’s lawyers led by Kiragu Kimani and Ham Lagat maintained the elections for the Embakasi East Constituency seat was marred by irregularities and asked the court to nullify it.
Orengo added that the scrutiny and recount of votes prayed for by Mureithi turned out to be a disappointment.
“After the scrutiny and recount of votes, my client still emerged the winner of the elections contrary to the petitioner’s expectations,” said Orengo.
Owino’s other lawyer Jackson Awele told the court from the scrutiny of the polling diary, there was no violence in two polling centres as alleged by the petitioner.
“My Lord, there was no violence in the two centres rather small incidences that are characteristics of any election which can not invalidate it,” said Awele.
In their oral submissions, Orengo and Awele told the court to dismiss the petition and order Mureithi to pay cost of the petition.
They said irregularities should not nullify an election especially when the said election has complied with the law.
IEBC’s lawyer Nick Othiambo also told the court to dismiss the petition with cost awarded to the respondents.
Mureithi had asked the court to grant him scrutiny and recount of votes in order to bring to light the irregularities that took place during the August 8th elections.
The petitioner alleges that the Member of National Assembly election in Embakasi East was marred by violence, bribery and intimidation of voters.
He alleges that Babu Owino assaulted ANC candidate Joshua Obiende, actions which he claims disrupted the election.
During Hus testimony, Owino rrefured the allegations by Mureithi and termed the election free, fair, credible and verifiable.