ANUAR LOITIPTIP V. INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION, MOHAMED ADAN ALI & ALBEITY HASSAN ABDALLA

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] Before the Court are two Petitions of Appeal, namely, Petition 18 of 2018, dated 21^st July, 2018 and filed on 24^th July, 2018, and Petition 20 of 2018, dated 3^rd August 2018 and filed on 6^th of August 2018. Both Petitions seek to reverse the Judgement of the Court of Appeal which nullified the election of the Appellant as the Senator of Lamu County. The Court of Appeal’s Orders have since been stayed by this Court.

B. BACKGROUND

(a) Proceedings in the High Court

[2] After the General Election of 8^th August, 2017, the Appellant was declared the winner of the Senatorial election for Lamu County. He garnered 14,432 votes and was closely followed by the 3^rd Respondent who got 14,374 votes. Aggrieved by the manner in which the election was conducted, the 3^rd Respondent filed Election Petition No. 8 of 2017 in the High Court at Malindi, dated 6th November, 2017, alleging that: the election failed to meet the requirements of Articles 38, 81(e), 86 and 88(…