Two MPs were yesterday handed a rude Christmas present when the Supreme Court nullified their 2017 victories.
Ugenya MP Chris Karan and his Embakasi South counterpart Julius Mawathe were the first legislators to lose the seats at the apex court.
Consequently the IEBC will now conduct by-elections in the next 90 days in Embakasi South and Ugenya parliamentary seats.
While delivering the Ugenya constituency judgement, Chief Justice David Maraga ruled that Karan was not validly elected as an MP.
The high court had nullified the election on March 1, ruling that former MP David Ouma had successfully proved the allegations of coercion, intimidation and bullying of presiding officers by the MP and the ODM agents.
The High Court had ruled that the Karan was not validly elected as the MP and went ahead to nullify the elections which led him to file an appeal at the Court of Appeal.
However, the Court of Appeal also upheld the decision of the High Court agreeing with the judge that the MP was not validly elected.
The election results were challenged by Ouma who was aggrieved by the manner in which IEBC conducted and managed the elections.
Maraga said that the Court of Appeal in upholding the nullification of the election of Karan properly applied and interpreted the constitution. “We hereby dismiss the appeal filed by the MP,” he said.
The apex judges upheld the judgement of the Court of Appeal and hereby declare that the Karan was not validly elected as MP for Ugenya constituency in the August 8 elections.
“IEBC is directed to organise and conduct fresh elections for the position of MP for Ugenya in conformity with the constitution and elections act” the court ordered.
Mawathe’s election was also nullified by supreme court judges who ruled that the Embakasi south MP was not validly elected.
This is after Irshad Sumra successfully exhausted all legal options at his disposal by moving to the court of appeal when he lost at the high court who nullified the election which lead Mawathe to move to the Supreme court.
The court of appeal had ordered for a fresh election but Mawathe swiftly appealed the decision at the apex court.
Justice Jackton Ojwang said that they had agreed with the decision of the court of appeal.
Ojwang noted that the election outcome had been announced without a vital record in form 35B and so the principles of verifiability,accuracy,transparency and accountability were missing from the results.
The judges also found out that the crucial overseer of the polling process who was the Returning officer was unavailable to shed light on the major omission of the elections.
“In the light of such defaults, the supreme court has upheld the court of appeal’s finding that he Parliamentary Election for Embakasi constituency was not conducted in accordance with the terms of the constitution” the court held.
Machos county governor Alfred Mutua also survived a petition by Wavinya Ndeti after the Supreme Court reaffirmed he was validly elected.
Soon after the ruling, Wavinya said she will respect the decision .
“I maintain that my opponent was not validly elected and has continued to force himself on the people of Machakos,” she posted on twitter.