Embakasi South Election has been nullified by Court of appeal after former MP Irshad Sumra moved to challenge high court ruling upholding the August 8th election.
Nairobi High Court had upheld the election of Julius Musili Mawathe of Wiper Party as Embakasi South MP.
Justice Grace Nzioka of the high court had dismissed the case saying the petitioner, former MP Ishrad Sumra failed provide sufficient evidence.
The Judge had faulted Sumra for failing to include the returning officer in the petition, who would have shed light on the alleged violence.
Justice Nzioka had ruled that Mawathe was validly elected and ordered ODM’s Sumra to pay Costs of 3million. 2m to be paid to Mawathe and 1m to IEBC.
However, the court of appeal suspended the high court ruling noting lack of transparency in the tallying and declaration of results as had been petitioned by Sumra.
The court of appeal has ordered IEBC to conduct fresh election in the Constituency.