JUDGMENT OF THE COURT
On 4th March 2013 the people of Siaya, in exercise of their constitutional rights went to the polls to elect amongst others their Governor for Siaya County.
After the counting and tallying of the votes cast in the gubernatorial elections, the appellant was declared the winner of the elections with the following results:-
Abong’o Malik Obama - 2,792
Cornel Rasanga Amoth - 142,901
Nellie Okwiri 2,269
Noah Winja Migudo - 1,258
Thomas Paul M. Okore - 972
William Odhiambo Oduol - 133,900
The appellant was declared the duly elected Governor for Siaya County in a Special Issue of the Kenya Gazette Volume CXV-No 45 under Gazette Notice Number 3155 of 13th March 2013.
Being aggrieved by the election results the 1st respondent filed election petition No. 2 of 2013. In the petition the 1st respondent made allegations of fraud, malpractice, irregularities, and breaches during nominations, campaign, voting, counting and tallying.
After hearing the petition and the submissions of the par…