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.