Embakasi East MP Babu Owino and his counterparts Kangogo Bowen (Marakwet East) and Anne Kibe (Gatundu North) won major reprieves on Friday after the Supreme Court upheld their elections.
The Supreme Court agreed with the Court of Appeal that overturned the nullification of Babu’s election by High Court judge Joseph Sergon.
Justice Isaac Lenaola who delivered the ruling said the violence that occurred at the tallying center did not render the elections as sham.
Lenaola said the High Court should have considered whether the violence impacted the outcome of the results.
He said the appellate judges did not act in excess of their jurisdiction in upholding the election.
Bowen and Kibe’s elections were also nullified before the moved to the court of appeal.
Supreme Court held that the Court of Appeal did not err in upholding their elections and that in both cases the court said that the trial court should have considered whether the irregularities had affected the final results.
Lenaola set aside the decision by the court appeal to nullify Lamu senator Anwar Loitiptip election.
He said appellate judges erred by determining the matter without a proper notice of motion.
The court ruled that all the three were validly elected as MPs for their respective constituencies.
Other MPs whose elections were also upheld by the Supreme Court include that of Eldama Ravine’s Moses Lessonet and Luanda’s Christopher Omulele.
Lenaola said the MPs were validly elected.
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