Court Nullifies Election of Lamu West MP Stanley Muthama

The High Court has nullified the election of Lamu West Member of Parliament Stanley Muthama.

While nullifying the election on Wednesday, Justice Weldon Korir ruled that election was marred by massive irregularities and illegalities.

“Declaration is granted that Stanley Muthama was not validly elected as the Lamu West MP and I declare Lamu West Constituency election on August 8 as null and void,” he said.

The judge added: “The Returning Officer and IEBC used human error as excuse to escape the burden of proof,” said the judge adding, “a small mistake can distort the will of the people and it is the duty of this court to ensure justice prevails.”

Consequently, the Independent Electoral and Boundaries Commission (IEBC) and Muthama were ordered to pay the petitioner Sh1.5 million each, as costs for the petition.

Justice Korir further directed the electoral commission to conduct a repeat election within 60 days.

Rishad Amana, who contested for the seat on an Orange Democratic (ODM) party ticket challenged Muthama's victory in court, claiming massive irregularities and inconsistencies in the tallying of the votes.

Muthama of Maendeleo Chap Chap (MCC) party had been announced the winner of the Parliamentary seat by IEBC after garnering 11,090 votes, against Amana's 10,950.

The judge made the ruling after receiving a report on scrutiny and recount of votes in 11 polling stations. The report was compiled Malindi Law Courts Deputy Registrar Wandia Nyambu after the recount.

Justice Korir said that the report showed that in one of the polling station, Muthama’s votes were reduced, while the petitioner had votes removed from his tally.

Muthama is the first Member of Parliament to lose his seat after the August 8th, 2017 elections.