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Alfred Kiptoo Keter v. Bernard Kibor Kitur & Independent Electoral & Boundaries Commission

(2018) JELR 105573 (CA)

Court of Appeal  •  Election Petition Appeal 21 of 2018  •  11 Jul 2018  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] This is an appeal from the judgment of the election court (Kanyi Kimondo, J) dated 1st March, 2018 essentially invalidating the election of Alfred Kiptoo Keter (the appellant) as a member of the National Assembly for Nandi Hills Constituency.

[2] The appellant, Bernard Kibor Kitur (the 1st respondent herein) and Isaac Kirwa Leting vied for the election for member of the National Assembly for Nandi Hills Constituency in the elections held on 8th August 2017. On 9th August, 2017 Peter Resa, the Constituency Returning Officer, declared the appellant as validly elected as member of the National Assembly for Nandi Hills Constituency having garnered 23,923 votes. Bernard Kibor Kitur and Isaac Kirwa Leting were declared to have garnered 13,872 and 863 votes respectively.

[3] On 5th September 2017, Robert Kibet Kemei who described himself as a farmer, businessman and chairman of Citizen Voice and Action – a community based organisation, filed a petition against the appe…

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