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

(2017) JELR 106093 (CA)

Court of Appeal  •  Election Petition Appeal (Application) 3 of 2017  •  7 Dec 2017  •  Kenya

Coram
Erastus Mwaniki Githinji

Judgement

IN THE COURT OF APPEAL

AT ELDORET

(CORAM: E. M. GITHINJI, JA. (IN CHAMBERS)

ELECTION PETITION APPEAL (APPLICATION) NO. 3 OF 2017

IN THE MATTER OF THE ELECTIONS ACT 2014

AND

IN THE MATTER OF ELECTION OFFENCES ACT

AND

IN THE MATTER OF ARTICLES 1, 10, 15, 22, 23, 38, 81, 83, 87 AND 99

OF THE CONSTITUTION OF KENYA, 2010

AND

IN THE MATTER OF ELECTION FOR THE MEMBER OF PARLIAMENT FOR BUTERE CONSTITUTUENCY

HELD ON 8TH OF AUGUST, 2017

BETWEEN

ANDREW TOBOSO ANYANGA................APPLICANT/APPELLANT

AND

MWALE NICHOLAS SCOTT TINDI......................1ST RESPONDENT

HABIL NANJENDO BUSHURU............................2ND RESPONDENT

RETURNING OFFICER

(BUTERE CONSTITUENCY).............................3RD RESPONDENT

THE INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION (I.E.B.C.)..............4TH RESPONDENT

Appeal from the ruling/order of the High Court of Kenya at Kakamega,(Sitati, J.) dated 23rd October, 2017

in

ELECTION PETITION NO. 12 OF 2017)

***********************

RULING

[1] The applicant seeks leave to file and serve a …

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