Bernard Kibor Kitur v. Alfred Kiptoo Keter & Independent Electoral & Boundaries Commission

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

(Coram: Ibrahim, Ojwang, Wanjala, Njoki, Lenaola, SCJJ)

PETITION NO. 27 OF 2018

BETWEEN

BERNARD KIBOR KITUR..................................................................................PETITIONER

AND

ALFRED KIPTOO KETER.........................................................................1^ST RESPONDENT

INDEPENDENT ELECTORAL and BOUNDARIES COMMISSION.....2^ND RESPONDENT

(Being an Appeal from the Judgment of the Court of Appeal (Githinji, Okwengu and Mohammed JJ.A) at Eldoret in Election Petition Appeal No. 21 of 2018 dated 11^th July, 2018.

JUDGEMENT

A. INTRODUCTION

[1] This is a Petition of appeal dated 24^th August, 2018 and filed on 27^th August, 2018. It seeks to overturn the decision of the Court of Appeal which affirmed the election of the 1^st Respondent as the Member of National Assembly for Nandi Hills Constituency.

B. BACKGROUND

(a) High Court

[2] The Petitioner and the 1^st Respondent were both contestants for the position of memb…