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Boy Juma Boy ,Rashid Shoud County Returning Officer, Kwale County, Independent Electoral And Boundaries Commission v. Mwamlole Tchappu Mbwana & Kalimbo Naveed Mwaega

(2014) JELR 105339 (CA)

Court of Appeal  •  Civil Appeal/Application 45 Of 2013  •  14 Feb 2014  •  Kenya

Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale



[1] During the elections held on 4th March, 2011 Boy Juma Boy (hereinafter referred as the applicant), who had vied for the position of Senator for Kwale County was declared validly elected for the position. Two voters Mwamlole Tchappu Mbwana and Kalimbo Naveed Mwaega (hereinafter referred to as the respondents), who were dissatisfied with the outcome of the elections lodged a petition before the High Court at Mombasa challenging the outcome of the elections. On 27th September, 2013, the High Court (Ochieng, J.) delivered a judgment in which it dismissed the petition and issued a certificate confirming the validity of the election of the applicant as the Senator for Kwale County.

[2] Being aggrieved by that judgment the respondents lodged a memorandum of appeal in the Registry of this Court at Mombasa on 28th October, 2013. The applicant has now moved this Court by way of Notice of motion dated 22nd November, 2013 seeking to have the memorandum of appeal dated 28th O…

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