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

(2018) JELR 105604 (CA)

Court of Appeal  •  Election Petition Appeal 3 of 2017  •  14 May 2018  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] This is an appeal from the Ruling of the Election Court (Sitati, J.) dated 23rd 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 7th September 2017 and filed on the same day the appellant challenged the validity of the election of Nicholas Scott Tindi Mwale the 1st respondent in this appeal as a member of the National Assembly for Butere Constituency in the Parliamentary elections held nationwide on 8th 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 (1st respondent) who was declared to have garnered 18,235 votes and Habil Nanjendo Bushuru (2nd respondent) who garnered 14,658 votes. The Returning Officer (Butere Constituency) and the Independent Electoral and Boundaries Commission (IEBC), the 3rd

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