Andrew Toboso Anyanga v. Mwale Nicholas Scott Tindi, Habil Nanjendo Bushuru, Returning Officer (Butere Constituency) & Independent Electoral and Boundaries Commission (IEBC)

JUDGMENT OF THE COURT

[1] This is an appeal from the Ruling of the Election Court (Sitati, J.) dated 23^rd October, 2017 upholding a preliminary objection against Kakamega High Court, Election Petition No. 12 of 2017 and striking out the petition with costs.

[2] By an election petition dated 7^th September 2017 and filed on the same day the appellant challenged the validity of the election of Nicholas Scott Tindi Mwale the 1^st respondent in this appeal as a member of the National Assembly for Butere Constituency in the Parliamentary elections held nationwide on 8^th August 2017 on various grounds. In total, seven candidates vied for the election including the appellant who was declared to have garnered 11,684 votes; Mwale Nicholas Scott Tindi (1^st respondent) who was declared to have garnered 18,235 votes and Habil Nanjendo Bushuru (2^nd respondent) who garnered 14,658 votes. The Returning Officer (Butere Constituency) and the Independent Electoral and Boundaries Commission (IEBC), the 3^rd …