The Court of Appeal has nullified the election of Okoth Obado as the Migori Governor.
A
three-judge bench sitting in Kisumu decided on Friday that the tallying
errors realised in the election compromised the quality of an election
that aspirants and voters in Migori County deserved.
The case originated from a petition filed at the High Court by Mr Obado's rival Edward Oyugi (ODM).
Prof
Oyugi lost his bid to overturn the election last year when Homa
Bay-based judge Esther Maina said that, even though there were tallying
errors realised in a court recount and admitted by the IEBC, there
weren't enough reasons to overturn the election.
But
the Appellate Court said it was improper for the High Court to find
that there were inaccuracies caused by the negligence of IEBC then make a
360-degree-turn and say the election was free and fair.
The
court brushed off IEBC's defence that the errors were due to human
error and said that such an excuse should not be used as a blanket
defence for a carelessly conducted process.