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Abdirahman Ibrahim Mohamud v. Mohamed Ahmed Kolosh, Independent Electoral and Boundaries Commission & Yassin Abdikarim Hirey

(2019) JELR 105582 (SC)

Supreme Court  •  Petition 26 of 2018  •  18 Jan 2019  •  Kenya

Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu




[1] Coming up before the Court is a petition dated 24 August 2018, filed on even date. This petition seeks to set aside the Judgment of the Court of Appeal in Election Petition of Appeal No. 15 of 2018, which allowed a cross-appeal, and set aside the High Court decision dated 2 March 2018.

[2] The petition seeks relief as follows:

(i) the Judgment and decree of the Court of Appeal be set aside with costs;

(ii) the appellant’s petition filed in the High Court at Nairobi, (Election Petition No. 4 of 2017) be allowed with costs;

(iii) the appellant be declared the winner of the election for Member of the National Assembly, Wajir West Constituency, in the election held on 8 August 2017;

(iv) the appellant be granted the costs of this appeal.


[3] This matter relates to an election petition that arose subsequent to the election for Member of the National Assembly, Wajir West Constituency, that was held on 8 August 2017. The 1st respondent was decla…

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