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BY NAMULONGO PETER,NAIROBI,25TH JULY 2018-The embattled Homabay governor Cyprian Awiti can now afford a smile after Supreme Court halted a decision to declare the gubernatorial seat vacant.
Justices Philip Waki, Fatuma Sichale and Otieno Odek stated that High Court made findings of fact that there were flaws and irregularities disclosed in the tallying process that made the declared results indeterminate as to who the winner was.
The supreme court further restrained the Homabay County Speaker from assuming the office of governor, pending the hearing and determination of an appeal by Awiti.
During the hearing, the court found that there were two sets of results making it difficult to know who the winner of the August 8 polls was.
Awiti’s election was challenged by former MP Joseph Oyugi Magwagwa, who maintained that he won the election but was denied victory by the electoral body.
Awiti moved to the Supreme Court after the Court of Appeal upheld the decision of the High Court nullifying his election.
Awiti is the latest governor to move to court over similar matter.two other governors have moved to the Supreme Court after their elections were nullified.
They include Wajir Governor Mahamud Ali and his Machakos counterpart Alfred Mutua.