BERNARD KIBOR KITUR V. ALFRED KIPTOO KETER & INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION

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 member of the National Assembly for Nandi Hills Constituency during the general election held on 8^th August, 2017. The 1^st Respondent was declared the winner. Aggrieved by that declaration, one Robert Kibet Kemei, a registered voter in that Constituency, challenged that declaration by filing an election petition—No. 1 of 2017—at the High Court in Eldoret. That Petition was supported by an affidavit sworn by himself on 5^th September, 2017. In addition, on 8^th September, 2017, Mr. Kemei filed four additional witness affidavits all sworn on 6^th September, 2017.

[3] Before the commencement of the heari…