Voters of Embakasi East constituency could be headed back to the polls after the High Court on Friday nullified the election of MP Paul Ongili, alias Babu Owino.
While nullifying the election, Justice Joseph Sergon ruled that Babu Owino of Orange Democratic Movement (ODM) was not validly elected and directed the Independent Electoral and Boundaries Commission (IEBC) to conducted a by- election with strict adherence to the law.
The court further ordered Owino and the electoral commission to pay the petitioner, Francis Mureithi of Jubilee Party, Sh2.5 million each.
The ruling follows a recount and scrutiny of votes ordered by Justice Sergon on February 13th.
In his witness testimony on November 28th, last year, Mureithi claimed that the poll was marred with violence, intimidation, voter bribery among other malpractices.
Following the recount, a report filed in court by the deputy registrar on Monday showed that Owino won the disputed contest. The report indicated that Babu garnered 46,817 votes against Mureithi's 42,501 votes.
They both registered a slight increase in votes after the recount was done.
Speaking after the ruling, Babu accused President Kenyatta and Deputy President William Ruto of having a hand in the outcome of the petition.
“The whole nation knows that this is a war between the president and the deputy president versus Babu. It is sad that the government is controlling the Judiciary,” he said.
“No one can destroy me. If either Uhuru or Ruto decides to vie against me in Embakasi East I will beat them seriously.”
Owino joins five other MPs who have lost their seats so far. They include; Alfred Keter (Nandi Hills), Chris Karani (Ugenya), Markawet East MP Kangogo Bowen, Gatundu North MP Wanjiku Kibe and Lamu West's Stanley Muthama.