Wilson Kinyanjui and Winstone Chiserermi
Lamu’s Anwar Oleitiptip yesterday became the first senator to lose his seat in an election petition on a day that three MPs survived after petitions against them were thrown out.
Turkana Woman Rep Joyce Emanikor, Turkana East MP Mohamed Lokiru and his Marakwet East counterpart Bowen Kangogo survived.
An Appeal Court sitting in Mombasa ordered the Independent Electoral and Boundaries Commission (IEBC) to conduct fresh polls in Lamu because the August 8, 2017 senatorial polls in the area were marred by incurable irregularities.
Three appellate judges Wanjiru Karanja, Alvishram Nassir and Martha Koome said election laws were violated and the IEBC ignored glaring irregularities before declaring Oleitiptip the winner.
The appellant had further argued that the High Court erred by allegedly failing to apply with the provisions of section 112 of the evidence Acts and failed to apply the doctrine of adverse interference against the respondents thereby occasioning a miscarriage of justice.
The judges overturned a Malindi High Court ruling that had upheld the election of the senator in February early this year.
Lady Justice Asenath Ongeri had ruled that Oleitiptip of Jubilee Party was validly elected.
The petitioner, Hassan Albeity of Wiper Democratic Movement, had filed the appeal after losing at the High Court.