Embakasi South MP Julius Mawathe of Wiper has lost his seat following a successful appeal by ODM’s Irshad Sumrah.
In his petition, Mr Sumra blamed the electoral commission for his defeat, saying the returning officer “declared the loser as the winner and the winner the loser.”
Mr Mawathe was declared the winner of the poll after IEBC said he garnered 33,880 against Mr Sumra’s 33,708 votes.
In his petition and appeal, Mr Sumra cited of malpractices, irregularities, illegalities and or noncompliance of the law, which he arged had an effect on the results announced.
The court agreed with him that that there was a serious mix-up of votes during counting at some tallying centres.