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Mathare seat dispute goes to appeal court

The dispute over who is rightfully the Member of Parliament for Mathare has found its way into the Court of Appeal.

Mr Steven Kariuki, former Starehe MP Margaret Wanjiru’s son has filed a suit in the court asking it to nullify the declaration of Mr George Wanjohi as the MP-elect.

Two months ago, the High Court ruled against Mr Kariuki who argued that his opponent was in office on account of an illegality. He had then sought to show to the court that Wanjohi was erroneously announced as the winner.

He has upheld the same stand in his appeal observing that a returning officer rectified “the mistake” and instead handed the victory to Mr Wanjohi.

On Thursday, the IEBC came out fighting, asking a bench of three judges not to entertain Mr Kariuki’s appeal.

Mr Stephen Nyamodi, lawyer for the electoral agency accused Mr Kariuki of seeking favour in the fresh petition.

Kariukis counsel, Nelson Havi, however took issue with the assertion saying they were only interested in challenging the perceived illegality.

“You are being asked to do what is lawfully within your powers. We want an interrogation of what was upheld before the election court whether a returning officer has powers to cancel a certificate,” said Mr Havi.