Residents from Ugenya constituency will have to go back to the ballot after the Supreme Court on Friday upheld the nullification of Ugenya Member of Parliament Chris Karan’s election and directed the Independent Electoral and Boundaries Commission (IEBC) to conduct fresh polls in the area.
Mr Karan, who contested on an ODM ticket, had gone to the court to try to overturn a High Court verdict that nullified his victory on grounds that he was not validly elected.
Mr. Karan’s election was earlier this year nullified by the High Court in Kisumu on the grounds that the election was marred by malpractices thus not free and fair.
In the March 1, 2018, ruling, Justice Triphisa Wanjiku Cherere directed Karan to pay the petitioner, former MP, David Ochieng and the Independent Electoral and Boundaries Commission (IEBC) Ksh.3.5 million each in costs.
The legislator however moved to the Court of Appeal where his election nullification was also upheld.
While delivering the ruling on Friday, the Supreme Court stated that the Court of Appeal applied the right procedure in upholding the nullification.
Mr. Ochieng, who contested in the August elections on a Movement for Democracy and Growth (MDG) party garnered 23,418 votes against his challenger, ODM’s Chris Karan, who garnered 23,765 votes.