Court of Appeal Court in Mombasa has nullified the election of Lamu Senator Anwar Loitiptip of Jubilee.
A three-judge bench composed of Judges Alvishram Nassir, Martha Koome and Wanjiru Karanja ruled that the election was marred with irregularities.
They directed the Independent Election and Boundaries Commission (IEBC) to hold fresh elections in Lamu.
The judges said there was breach of the election laws.
The petition had been filed by Hassan Albeity who came second in the last year’s August 8 General Election.
While reading the judgement, Judge Karanja said the Malindi High Court in February this year erred in validating Loitiptip’s election despite irregularities.
“The appealant adduced enough evidence which should have called for a vote recount,” reads part of the judgement.
Karanja said there was need to conduct scrutinity of votes in nine polling stations within Lamu County.
The three-judge bench also said there was no proper identification of voters in accordance with the law.
The people who votee in Kangwe polling station, for example, exceeded the number of registered voters.
IEBC and its officials failed to give an explanation on why people who voted exceeded the registered ones, said Karanja.