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Cyprian Awiti & Hamilton Orata v. Independent Electoral and Boundaries Commission, Returning Officer, Homa Bay County, Joseph Oyugi Magwanga & Joshua Orero

(2019) JELR 103021 (SC)

Supreme Court  •  Petition 17 of 2018  •  7 Feb 2019  •  Kenya

Coram
David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

JUDGMENT OF THE COURT

A. APPELLANTS’ CASE

[1] The Appellate Court, by its decision of 19 July 2018, affirmed the trial Court’s decision annulling the petitioners’ election as declared by the Independent Electoral and Boundaries Commission (1st respondent); and the petitioners then moved the Supreme Court in an ultimate appeal, resting primarily upon the following pillars:

(a) the Appellate Court, in its proceedings, had misinterpreted the terms of the jurisdiction entrusted to it under Section 85A of the Elections Act No. 24 of 2011;

(b) the Appellate Court had improperly interpreted and applied certain past decisions of this Court, relating to the conduct of elections;

(c) the Appellate Court had misapplied the provisions of Articles 81, 86 and 87 of the Constitution;

(d) the Appellate Court misapplied the terms of Section 82 of the Elections Act and, in the process, made contradictory interpretation of Articles 81, 86 and 87 of the Constitution;

(e) the Appellate Court compromised the peti…

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