Kitutu Masaba MP loses seat

Written By:Margaret Kalekye,    Posted: Fri, Aug 12, 2011

Nyambati becomes the 11th MP in the current parliament to lose an election petition Kitutu Masaba MP Walter Nyambati  has lost his parliamentary seat after the High Court in Kisii nullified his election over irregularities. Kisii Resident Judge Milton Makhandia on Friday  ruled that the National Labour Party MP was elected irregularly in 2007 poll adding that the electorate should be given an opportunity to pick their representative in a fair process. Mr Justus Omiti Mong'umbu a voter, had sued Mr Nyambati, returning officer Lawrence Ole Sempele and the Interim Independent Electoral Commission as first, second and third respondents respectively. In his submissions, Mr Mong'umbu's lawyer Otiende Amollo had asked the court to invalidate the MP's election, saying that the 2007 parliamentary elections were marred by anomalies.   Amollo said that no form 17A was filled before the declaration of the results, adding that what was used in the announcement was a computer-generated printout which was not filled by Mr Sempele himself. In June, the Returning Officer told the court that he could neither tell who won nor the number of votes he garnered.  Nyambati becomes the 11th MP in the current parliament to lose an election petition. He is also the third MP from Kisii to lose his seat.  Others were Joel Onyancha (Bomachoge) and Omingo Magara (South Mugirango). Addressing his supporters outside the court, Nyambati faulted the ruling terming the evidence against him as a total lies. He said he was ready for a by-election and exuded confidence that he would recapture the seat. Omiti through his lawyer Amollo Otiende commended Justice Makhandia for concluding the petition which had dragged on for over three years.