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

JUDGMENT OF THE COURT

A. BACKGROUND

[1] The background to this matter is that in the general election held on 8^th August, 2018, the 3^rd 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 1^st and 2^nd Respondents, filed a petition challenging the said election on 6^th 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 16^th February, 2018 upheld the election of the 3^rd 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…