South Mugirango MP James Omingo Magara on Thursday filed a notice of appeal as he raced against time before the seat is declared vacant.

Through lawyer Katwa Kigen, the Trade assistant minister argues that unless the appeal was heard urgently, the Speaker of the National Assembly, Mr Kenneth Marende, would declare the seat vacant.

Mr Justice Daniel Musinga nullified the election of Mr Magara on December 17 and according to the law, Mr Marende would declare it vacant on January 17.

And according to Mr Magara, the appeal is merited and has overwhelming chances of success.

In nullifying Mr Magara’s election, Mr Justice Musinga accused the presiding officers of failing to sign Form 16As. The judge also said it was impossible to know who was in charge of the polls and who ensured the accountability of the ballot papers at the polling stations.

Nullified election

Mr Magara accuses Mr Justice Musinga of nullifying the election on grounds that were not pleaded by Mr Manson Oyongo, the petitioner in the case.

He further says that a recount had confirmed him the winner, but the judge ignored it and still nullified his election.

Mr Magara also says that the judge contradicted himself when he made a finding that there was no bribery, intimidation of voters, voting by dead persons and influencing the employment of electoral staff as had been alleged by Mr Oyongo.

In the appeal, Mr Magara accuses the Kisii-based judge of relying on assumptions in his judgment. He wants the highest court in the land to cancel a certificate nullifying his election and the Speaker barred from declaring the seat vacant.

The Court of Appeal is currently on vacation and judges will resume duty on January 14. When they resume, the court will hear criminal appeals in Nairobi and later go to Mombasa.