Lamu Senator Anwar Loitiptip swears at Malindi High Court before testifying in a case that challenged his elections victory, November 23, 2017. /ALPHONCE GARI
Lamu Senator Anwar
Loitiptip
lost his seat on Thursday, when the Court of Appeal determined that there irregularities in the August 8, 2017 poll.
Three Mombasa judges said the IEBC did not clear the irregularities before
declaring the winner.
Judges
Alnashir Visram, Martha Koome and Wanjiru Karanja also said election laws were defied.
The ruling followed a petition by Hassan Albeity who came second in the election with a vote difference of 58 votes.
Karanja, who read the judgment, said the High Court
erred in validating
Loitiptip's election despite the irregularities.
"We are satisfied that the appealant adduced enough evidence which should have called for a vote recount," she added.
The judge further said there was need to scrutinise votes at
nine polling stations.
She said were identified in line with the law and that the numbers
at Kiangwe polling stations exceeded the number of registered voters.
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Karanja told the
IEBC and its officials to explain the disparity in the numbers and conduct a fresh election.
Earlier today, the Appeals court
reinstated
Bowen Kangogo as
Marakwet East MP, saying he was
rightfully elected.
A
three-judge bench
led by justice Erastus Githinji ruled
that claims of massive irregularities and illegalities were not proved.
