Anuar Loitiptip v. Independent Electoral and Boundaries Commission, Mohamed Dan Ali & Albeity Hassan Abdalla

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

(Coram: Maraga, CJ and P, Ibrahim, Ojwang and Wanjala and Njoki SCJJ)

PETITION (APPLICATION) NO. 18 OF 2018

HON. ANUAR LOITIPTIP.......................................APPLICANT

-VERSUS-

THE INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION...................1^ST RESPONDENT

MOHAMED DAN ALI.................................2^ND RESPONDENT

ALBEITY HASSAN ABDALLA.................3^RD RESPONDENT

RULING

[1] Following the 8^th August, 2017 general elections, the Applicant, Hon. Anuar Loitiptip, was declared the duly elected Senator for Lamu County. His election was unsuccessfully challenged in the High Court by the 3^rd Respondent. Aggrieved by the High Court decision, the 3^rd Respondent moved to the Court of Appeal on appeal. In a judgment delivered on 12^th July, 2018, the Court of Appeal allowed the appeal with the consequence that the Applicant’s election as Senator for Lamu County was nullified and a fresh election ordered.

[2] Aggrieved by that nul…