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Apungu Arthur Kibira v. Independent Electoral & Boundaries Commission, Returning Officer, Luanda Constituency, Sylvester Ouma & Omulele Christopher

(2019) JELR 105553 (SC)

Supreme Court  •  Petition 29 of 2018  •  18 Jan 2019  •  Kenya

David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu




[1] The background to this matter is that in the general election held on 8th August, 2018, the 3rd Respondent was declared the winner in the contest for Member of National Assembly for Luanda Constituency. The Appellant, who was also a contestant in the said elections, and being aggrieved by the declaration made by the 1st and 2nd Respondents, filed a petition challenging the said election on 6th September, 2017. The election Court (Mulwa, J) sitting at Kakamega in Election Petition No. 6 of 2017 heard that the election was conducted contrary to the provisions of Article 81(e) of the Constitution as read with Section 39 of the Elections Act, and regulations thereunder. Upon deliberation, the Court on 16th February, 2018 upheld the election of the 3rd Respondent, finding that the Appellant had failed to substantiate, demonstrate and adduce cogent and credible evidence of irregularities, illegalities and criminal allegations of voter bribery and fraudu…

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