APUNGU ARTHUR KIBIRA V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION,RETURNING OFFICER LUANDA CONSTITUENCY, SYLVESTER OUMA & OMULELE CHRISTOPHER

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: WAKI, SICHALE and OTIENO-ODEK, JJ.A)

ELECTION PETITION APPEAL NO. 11 OF 2018

BETWEEN

APUNGU ARTHUR KIBIRA.......................................................................APPELLANT

AND

INDEPENDENT ELECTORAL AND

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

THE RETURNING OFFICER LUANDA

CONSTITUENCY, SYLVESTER OUMA......................................2^ND RESPONDENT

OMULELE CHRISTOPHER...........................................................3^RD RESPONDENT

(An appeal from the Judgment of the High Court of Kenya at Kakamega (Janet Mulwa, J) dated 16^th February, 2018

in

Election Petition No. 6 of 2017)

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JUDGMENT OF WAKI, JA

The main appeal herein challenges the declaration of the 3^rd respondent, Omulele Christopher (Omulele) as the elected Member of the National Assembly for Luanda constituency in Vihiga County during the general elections held on 8^th August, 2017. There were six candidates in that…