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BY NAMULONGO PETER,NAIROBI,6TH JULY 2018-Embakasi South MP Julius Musili Mawathe has suffered a major setback after his election victory was nullified on Friday.
The decision by Court of Appeal to quash Mr Mawathe’s August 2017 election win follows an appeal lodged by his rival Irshad Sumra of the Orange Democratic Movement.
In his petition, Mr Sumra blamed the electoral commission for his defeat, saying the returning officer “declared the loser as the winner and the winner the loser.”
In his petition and appeal, Mr Sumra cited malpractices, irregularities, illegalities and or noncompliance of the law, which he argued had an effect on the results announced.
The court agreed with him that that there was a serious mix-up of votes during counting at some tallying centres.
Mr Sumra moved to the second-highest court in the land after the High Court on March 2 upheld the election of Mr Mawathe.
While dismissing Mr Sumra case, Justice Grace Nzioka said the petitioner failed provide sufficient evidence and slapped him with Sh3-million invoice in costs.
Mawathe had vied on a wiper party ticket.
Mr Mawathe was declared the winner of the poll after IEBC said he garnered 33,880 against Mr Sumra’s 33,708 votes.