Embakasi East MP Babu Owino has moved to the Court of Appeal to challenge the nullification of his election.
High court judge Joseph Sergon on March 2 held that the legislator’s election was not free and fair.
In the notice of appeal, Owino says that he is dissatisfied with the decision which followed a petition by Jubilee’s Francis Mureithi.
The courts directed IEBC to conduct a by-election in accordance with the law.
“It is clear that the election is not verifiable due to the irregularities,” Justice Sergon said.
The high court further ordered Babu and IEBC to pay the petitioner Francis Mureithi Sh2.5 million each.
The judge made the ruling after finding that Owino coerced and intimidated the returning officer hence the election was not free and fair.
According to Judge Sergon, the intimidation of the RO compromised the election and declaration of the results.
In addition, the judge found that the election results were not verifiable, the court finding the result forms irregular.
The judge however found that the petitioner failed to prove his claim that violence at a social hall, prevented voters from casting their ballots.