The court of Appeal has overturned the High Court's decision that had declared Embakasi South Mp Julius Mawathe as the duly elected Mp.
The court observed that the election was not conducted in a free and fair manner.
The petition had been filed by Irshad Sumra who lost in the last year's general elections to Mawathe.
Justice Mohammed Warsame who read the judgement on behalf of judges Kathurima Minoti and Daniel Musinga said the high court judgement is set aside.
The court directed IEBC to conduct fresh elections after 60 days.
The Appeal judges said
the high court judge erred by failing to address the facts well as the returning officer had agreed that the results were not verifiable.
Read;
Sumra had argued that at
Jobenpha, the KIEMS kit was not functioning well, thereby rendering the voting process impossible, yet there were so many voters in the queue waiting to vote.
He said the KIEMS kit also malfunctioned in; Jobenpha, Cheminade and Mukuru Education Centre which were his major stronghold areas.
He further said his agents were coerced to take a 30 minutes break before the tallying and tabulation of the votes cast therefore tampering with the credibility of the whole process.
There are 150,315 registered voters in the constituency.