Case challenging Babu Owino win to be decided Feb 5

A judge has been urged to overturn the election of Embakasi East MP Paul Ongili, better known as Babu Owino, because of massive irregularities, bribery and intimidation of voters.

In submissions filed in court, Francis Wambugu Mureithi accuses Mr Ongili of causing violence at Soweto social hall polling station, which led to serious injury of Joshua Otieno Obiende.

This, he said, was meant to bar voters from exercising their right to vote.

Mr Mureithi through his lawyer Ham Lagat said Mr Ongili further intimidated the constituency returning officer Nicholas Buttuk, at the constituency tallying centre into declaring him as the winner of the election.

“The first respondent (Mr Ongili) engaged in undue influence and intimidation of electoral staff contrary to section 10 (4) of the Election Offences Act (No 37 of 2016).

This occurred at the East Africa School of Aviation, the Constituency tallying centre. The same is captured on a video which has been produced,” Mr Lagat said.

Further, the lawyer said three IEBC officials have also been charged.

The three officials are Jackline Waithira Muigai, who is charged with leaving ballot boxes unattended and interfering with ballot boxes by  breaking the seals, Monica Kasaya Wambua and Naftali Murithi David who have been charged with concealment of election materials and interference with ballot papers.

Mr Ongili and IEBC urged the court to dismiss the petition, saying that Mr Mureithi has failed to prove the allegations.

Justice Joseph Sergon will give his judgment on February 5.