Mathare for by election, Supreme Court rules
23 May 2014, 18:50
Nairobi - Mathare will have to go through a by-election to determine the new member of parliament, the Supreme Court has ruled.
A six man bench ruled that the announcement of former MP George Wanjohi's victory was ill judged and blamed the Independent Electoral and Boundaries Commision IEBC for the mess.
IEBC initially announced ODM's Stephen Kariuki winner before turning around and handing Wanjohi the certificate.
The six judge bench led by Kalpana Rawal who is the deputy Chief Justice, ruled that there was no grounds for the IEBC to announce Wanjohi winner after they had already handed Wanjohi a certificate of election.
They further said that the only way such a decision could be undone was through a court decision and ordered the IEBC to compensate Kariuki for the costs he has incurred in petitioning against the violation.
" The IEBC had no allowance to recall the certificate and change the result of the election as their mandate ceased at the moment of the result announcement, the ruling read.
They judges insisted that the actions of the IEBC were illegal and unjustified.
The by elections will now take place June 3, 2014 as earlier planned following the ruling.
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