Babu Owino election nullified

Babu Owino in court. FILE

Babu Owino has lost the Embakasi East seat after the High court nullified his election.

Making the ruling on Friday, justice Joseph Sergon said the elections were not free and fair.

Justice Joseph Sergon ordered Babu to pay Sh5million as costs

The judge also said there were errors and irregularities during the election process.

Babu had asked the court to dismiss the petition against him as minor irregularities should not be used to nullify an election.

He and his rival Francis Mureithi made final submissions on Thursday.

"You cannot have a petition that makes 100 allegations of irregularities and proves only one, and on this ground, I pray that the petition is dismissed," Babu's lawyer Jackson Awele said.

Awele added that the registrar's report declared the election was free and fair.

The MP further noted that mathematical errors by IEBC officials cannot be used to nullify an election and that the petitioner did not raise any complaint of intimidation by presiding officers.

The MP further noted that mathematical errors by IEBC officials cannot be used to nullify an election and that the petitioner did not raise any complaint of intimidation by presiding officers.