Justice Edward Muriithi said the validity of the election was not verifiable due to missing statutory documents and irregularities in three polling stations within the constituency.
Poll loser Richard Tongi of Wiper Democratic Movement filed the petition alleging massive irregularities in the March 4th poll.
Returning Officer Robert Ngeny declared Bichage as winner with 11,638 votes against Tongi’s 10,774 votes.
Bichage won by a margin of 145 votes but in its verdict, the court noted that the 15 ballot papers from Kiogoro and Amasago polling stations were unaccounted for.
Bichage was represented by lawyer Henry Wasilwa while the petitioner was represented by Okongo O’Mogeni.
Justice Muriithi further noted that the 458 votes cast at Gusii County polling station could not be scrutinised and this was more than thrice the vote difference between the winner and the runner-up.
IEBC was ordered to pay Sh2 million in costs to the petitioner and first respondent as it committed the errors of omission and commission that led to the nullification of the election.
- The Standard
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