Marakwet East MP Kangogo Bowen has lost his seat following a successful election petition.
The High Court in Eldoret on Tuesday found that the August 8, 2017 parliamentary election was marred by irregularities.
IEBC
Justice George Kimondo established that two ungazetted polling stations were used to tally the final results of the race.
In his decision, Judge Kimondo cited adequate evidence to prove massive irregularities during the election.
The poll, he ruled, was not free and fair as it was marred by multiple irregularities and illegalities.
He indicted the Independent Electoral and Boundaries Commission for failing to ensure the election was credible.
The judge wondered why IEBC allowed two ungazetted centres to be used as polling stations in breach of the election law.
The two stations that were not gazetted by the electoral body during the August 8 election were Ketmongunget and Embokala.
14, 626 VOTES
He further said results from the two polling stations did not match with the tallies given on form 35A, which is the primary source of information for poll outcome.
“The law requires that only gazetted station to be used as polling stations in election, it is questionable how IEBC accepted to use stations which were not gazetted,” said Justice Kimondo.
The petition was lodged by Mr Sammy Kipkeu Kemboi, a voter from Marakwet East.
During the August 8 election, IEBC declared Kangogo the winner after garnering 14,626 followed closely by former MP Lina Jebii Kilimo, an independent candidate, who got 13,713.
The court directed the lawmaker to pay the petitioner Sh1 million in costs.
KETER
Responding after the judgement, Mr Bowen said he was ready to go back to voters and seek a fresh mandate.
However, his lawyer had indicated that they would appeal the judgement.
After Mr Bowen’s case, focus now shifts to the petition against Nandi Hills MP Alfred Keter, which will be determined on Thursday this week.
Both Mr Bowen and Mr Keter are considered Jubilee rebels.
They were recently stripped of House committee positions after going against the party’s order not to vie for any posts.