Thursday, January 27, 2011


Above:  The petitioner, Hon. Ibrahim Ahmed looks for better days ahead after a tough fight for his seat as the real Kamukunji MP Elect. His facebook community and which can be accessed by clicking here 

Kamukunji Member of Parliament Simon Mbugua has lost his seat after a Nairobi court annulled his election on Thursday.  Lady Justice Mary Ang 'awa said the election was compromised and the Returning Officer presiding over the election made an error in announcing incomplete results. In making the ruling, the judge said the results lacked integrity and the MP was therefore not validly elected. The election petition was filed by Ibrahim Ahmed who contested the seat on an Orange Democratic Party (ODM) in the 2007 General Elections. The case has been presided over by three judges since it was filed in 2008, with two, Lady Justice Kalpana Rawal and Justice Fred Ochieng disqualifying themselves.

Lady Justice Rawal disqualified herself from the case in June last year after receiving threatening messages from unknown people while Justice Ochieng, did the same in October after remarks were made against him that he had been influenced.

The constituency had 25 parliamentary candidates including Mr. Yusuf Hassan Abdi. The Kamukunji parliamentary results were nullified by the ECK following the dispute.  But this was declared an abuse of power in a ruling delivered in July 2008. After the results were nullified, Mr Mbugua filed a judicial review application, stating that he was on the verge of winning when tallying was called off.

ODM candidate Ibrahim Ahmed filed the petition in August 2008 soon after Mr Mbugua (PNU) was declared winner with 22,614 votes. Mr Ahmed (ODM) garnered 16,604 votes. The case was adjourned to January 6, after the lawyer representing the ECK, Mr Steven Adere, asked for more time to interview and establish the suitability of their witnesses.

“We need time to look for the ECK witnesses and the evidence as they are essential to the case,” he told Justice Angawa.

The PNU MP becomes the ninth legislator to lose in seat in election petitions in the life of the Tenth Parliament.

Other who lost their seats include: Joel Onyancha (Bomachoge), Omingo Magara (South Mugirango), Chirau Ali Mwakwere (Matuga), Bishop Margaret Wanjiru (Starehe), Dick Wathika (Makadara), George Thuo (Juja) and Abdirahman Hassan (Wajir South).

Of these, only Cabinet minister Chirau Mwakere and Bishop Wanjiru retained their seats.