Babu Owino to Appeal High Court Ruling that Nullified His Election

Embakasi East Member of Parliament Babu Owino is set to move to the Appellate Court to appeal Friday High Court ruling that nullified his election.

In his ruling, High Court Justice Joseph Sergon said that Owino’s election was marred by violence and systemic irregularities.

He further ruled that the petitioner, Francis Mureithi of Jubilee Party, tabled sufficient evidence to prove that the entire process was marred by violence, intimidation and other malpractices.

“Considering all the evidence tendered before me, I find that elections in Embakasi East were not free and fair as the entire process was dotted with violence occasioned by the voters and supporters of Mr Owino,” Justice Sergon ruled.

Consequently, Owino was ordered pay Mureithi and Independent Electoral and Boundaries Commission (IEBC) Sh2.5 million each.

However, speaking after the ruling, the former University of Nairobi student leader said he would appeal the judgement, even if he is sure of a victory in case of a by-election.

“I would like to state clearly that the whole nation knows what happened. The whole nation knows that this is a war between Babu Owino and President Uhuru Kenyatta and Deputy President William Ruto."

He added: "The whole nation knows that I have been highly critical of the president and his deputy. It is sad that the Executive is using its influence to arm-twist the Judiciary. What can’t kill you, can only make you stronger. If Uhuru and Ruto decide to come and vie in Embakasi East, I will beat them yesterday in the morning,” said Owino.

Owino's lawyer Edwin Sifuna says his team will file an appeal to the ruling as soon as possible.

“We respect the decision of the court, but we truly disagree with the judge’s conclusion. We absolutely have no doubt that our client won the election fairly and squarely, given a vote recount was ordered and he still emerged the winner."

" We’ll file an appeal against Justice Sergon’s ruling. As we speak, Mr. Jackson Awele is filing an appeal against the judge’s decision to annul Mr. Owino’s election,” said Sifuna.