Nairobi (Alshahid) –  In a series of court petitions that have dented the credibility of the controversial 2007 poll in Kenya, Hon. Dick Wathika has become the fifth lawmaker to lose a parliamentary seat  after the High Court on Friday nullified the 2007 Makadara election.

In her two hour ruling Justice Kalpana Rawal mostly blamed the defunct Electoral Commission of Kenya officials for having failed to direct a fair electoral process.

In her verdict in favour of the petitioner Reuben Ndolo of ODM party, the judge said the poll was marred by massive irregularities including unsigned forms 16A and 17A which in law should be validated by a signature of the returning officer.

She added:  “The entire process was not transparent and could therefore, not have been relied on to provide fair results.”

Mr Wathika of PNU who was accompanied by his supporters said he had already instructed his lawyers to challenge the ruling in the Court of Appeal.

As Mr. Wathika declared he was not scared by a by-election, the petitioner Mr. Ndolo was in the streets leading his supporters in celebrations before heading to Makadara for a meet-the-people tour.

Mr Wathika, a trained accountant, is a first time MP who served as Nairobi Mayor for two terms between 2004 and 2007.  

Others who lost their seats include former Transport Minister Chirau Ali Mwakwere (PNU), ex assistant minister Omingo Magara (ODM) and government Chief Whip George Thuo (PNU); all are waiting to defend their seats in by-elections.

Assistant Minister for Housing Bishop Margaret Wanjiru(ODM) lost to former Starehe MP Maina Kamanda(PNU) in a vote recount in an ongoing case that is yet to be decided by the court.

Former assistant Minister Joel Onyancha (Ford-P) who was the first to lose a poll petition subsequently lost the by-election.

Party of National Unity (PNU) is allied to President Kibaki while Orange Democratic Union is led by PM Raila Odinga.