The ruling by Justices Alnasir Visram, Martha Koome and Otieno Odek paves way for a by-election just eight months after Wambui was declared an MP in a close contest.
It was a sweet victory for the petitioner Peter King’ara who despite losing the first round at the High Court remained resilient and moved a step further to the Court of Appeal. The judges ruled that the elections were not free and fair as stipulated in the law.
“The only way to find the validity of the election was to order a recount of the contentious polling station and scrutinising the ballot boxes. This was not however done,” the judges ruled. Justice Visram said: “A recount was not rocket science as there was sufficient evidence to warrant a scrutiny.”
The judges unanimously agreed that King’ara had valid reasons to appeal Justice Jairus Ngaah’s judgement delivered in September.
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