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Benjamin Ogunyo Andama v. Benjamin Andola Andayi,Sally Chesang (Returning Officer) & Independent Electoral and Boundaries Commission

(2013) JELR 105502 (CA)

Court of Appeal  •  Civil Application 24 of 2013 (UR.11/13)  •  7 Aug 2013  •  Kenya

John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai



On 4th March, 2013, Presidential, Senatorial, Parliamentary and County Assembly Elections were held in Kenya together for the first time under the present Constitution which was promulgated on 27th August, 2010. The applicant in this Notice of Motion before us, Banjamin Ogunyo Andama and the first respondent Benjamin Andola Andayi together with others were candidates for National Assembly seat for Khwisero Constituency in Kakamega County. The second respondent Sally Chesang was the Returning Officer for that Constituency working under the general supervision of the third respondent, The Independent Electoral and Boundaries Commission. After the close of voting and vote tallying the first respondent was pronounced the winner and was thereafter declared the elected member of the National Assembly for Khwisero Constituency. The applicant felt dissatisfied with that declaration. He moved to the High Court at Kakamega and filed Election Petition No. 8 of 2013. It is not …

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