Embakasi East MP Babu Owino’s seat now hangs in the balance after the High court in Nairobi ordered for a scrutiny and recount of votes cast in Embakasi East constituency on August 8 last year.
Justice Joseph Sergon made the order following a petition filed by Francis Mureithi challenging the election of Paul Ongili alias Babu Owino as MP.
Sergon said that he was satisfied that Mureithi had given sufficient reasons to warrant a recount.
While making his findings, the judge pointed out that the Embakasi East returning officer Nicholas Butuk had admitted in Court that the results he announced did not tally with the ones in the Form 35A and that were many errors in the forms.
Mureithi, represented by lawyer Ham Lagat and Kiragu Kimani, had filed an application for scrutiny and recount of votes cast during last year’s election.
He said the forms were not legible making it difficult to determine whether the results in Forms 35A corresponded with those in Form 35B.
He added that the petitioner cannot claim the poll was marred with irregularities without pointing at specific areas.
The matter will be heard on February 26 for final submissions.