RULING OF ONYANGO OTIENO, JA.
On 4th March, 2013, Presidential, Gubernatorial, Senatorial, Parliamentary elections together with elections to fill other elective posts such as Women representatives and Ward representatives were held in Kenya. The applicant in the Notice of Motion before us dated 10th October, 2013, and filed on 15th October, 2013, Chris Munga Nyamaratandi Bichage (hereafter, the applicant) was one of the candidates for Parliamentary Elections for Nyaribari Chache Constituency in Kisii County. The first respondent Richard Nyagaka Tongi (hereinafter first respondent), was also one of the candidates for the same parliamentary elections for the same Nyaribari Chache Constituency. There were other candidates. The second respondent The Independent Electoral and Boundaries Commission (hereinafter the second respondent) was the body mandated under the law to conduct and manage the same elections and to do so effectively it appointed the third respondent Robert K. Ngeny (referr…