The Court of Appeal on Tuesday has reversed a decision by the High court nullifying the election of Wanjiku Kibe as Gatundu North MP.
Former MP Kungu Waibara had filed the petition.
Judges Roselyn Nambuye, Gatembu Kairu, and Agnes Murgor said the election court misdirected itself and determined issues that were not pleaded by the petitioner.
The three judges ruled that the anomalies found in the election results were administrative errors, which were not substantial to nullify the election.
They further faulted Justice Joel Ngugi, who heard the case at the Kiambu High court, for conducting an audit of the election materials yet no party had asked for it.
The judge used the report on the audit to nullify the election.
However, the Court of Appeal said the petitioner had not pleaded for the audit to be done.
It was their view that the election court went on a fishing expedition because Waibara had not specified the polling stations where results were disputed.
Waibara says he will move to the Supreme Court.
In another court, the election of Gideon Konchella as Kilgoris MP has been nullified. The petition was filed by former minister Julius Sunkuli.
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