Loitiptip loses his seat while the court of appeal orders a new election

Senator Lamu Anwar Loitiptip lost his seat after the Mombasa Court of Appeal quashed his election.

A three-judge court said yesterday that the election was tainted with irregularities that the IEBC has not resolved.

Judges Alvishram Nbadir, Martha Koome and Wanjiru Karanja ruled that the electoral agency had violated the electoral laws.

The petition was filed by Hbadan Albeity, who came second with a vote difference of 58.

Albeity had asked the court to declare that Loitiptip had not been validly elected and Order a new election.

He asked the court to order a review and recount of votes in all cases.

In February, Mombasa Judge, Asenath Ongeri, validated the election of Loitiptip, claiming that it was fair and conducted in accordance with the law.

But in the judgment read by Karanja yesterday, the judges stated that the High Court had erred in validating the election of Loitiptip, despite the irregularities

Karanja stated that the High Court had erred in not allowing the petitioner to exercise his right to vote. ]

The judges of the Court of Appeal stated that there was sufficient evidence to warrant an examination in the polling stations.

Karanja stated that the bench of three judges had discovered an irregularity in some polling stations. She said voters in the Kiangwe polling station exceeded the number of registered voters, a fact that the electoral commission ignored.

Karanja said that it was the duty of the Independent Electoral Commission and limits to explain the difference in number. The judges ordered the IEBC to proceed to new elections

Last November, the IEBC told a Malindi court that there was had arithmetical errors in the results of the August 8 Lamu senatorial elections [19659002] Returning officer Mohamed Adan told the court that he used an excel sheet that led to minor errors in the candidates' results.

The grievor told Ongeri that he hoped the results would be correct if the ballot boxes were reopened

During cross-examination by the defense lawyer. Albeity, Abubakar Yusuf, the officer said that there were errors in the total number of valid votes cast.