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CORNEL RASANGA AMOTH V. WILLIAM ODHIAMBO ODUOL & 2 ORS

(2013) JELR 97246 (CA)

Court of Appeal  •  Civil Application 26 of 2013 (Ur 13/13)  •  23 Sep 2013  •  Kenya

Coram
John walter Onyango Otieno Festus Azangalala Sankale ole Kantai

Judgement

RULING OF THE COURT

When this application came up for hearing on 13th August, 2013 we delivered a short ruling and said we would give our reasons today. We now give our reasons.

On the 4th day of March, 2013 Kenya successfully went through a truly historic General Election for President and Deputy President, members of the Senate, members of the National Assembly, County Governors, Women County Representatives and County Representatives.

The General election was conducted by the Independent Electoral and Boundaries Commission (“2nd respondent”) who engaged Benson Mugatsia (“3rd respondent”) as the Returning Officer for Siaya County. Charles Rasanga Amoth (“the applicant”) and William Odhiambo Oduol (“the 1st respondent”) participated in the election. They both contested the gubernatorial seat for Siaya County. Following the election the 2nd and 3rd respondents declared the applicant as the duly elected governor for Siaya County having garnered 142,901 votes. The 1st respondent was the ru…

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