DANIEL ONGONG'A ABWAO V. MOHAMED ALI MOHAMED, MWANAJUMA GANDANI & INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION

JUDGMENT OF THE COURT

[1] This is an appeal against the judgment of the Election Court at Mombasa regarding the election of the Member of the National Assembly for Nyali constituency during the General Elections held on 8^th August, 2017. After the said elections were concluded, Mohamed Ali Mohamed (1^st respondent) was declared duly elected Member of the National Assembly by one Mwanajuma Gandani (2^nd respondent), being the returning officer of the Independent Electoral and Boundaries Commission (IEBC) (“the 3^rd respondent”). The seat was hotly contested by no less than 10 candidates and each scored as follows;-

1. Mohamed Ali Mohamed 26,798

2. Said Abdalla Salim 16,798

3. Ashraf Hassan Awadh Bayusuf 10,121

4. John Charles Mcharo 3,409

5. Kelvin Kwena LunanI 1,566

6. Chrispus Waithaka Macharia 1,022

7. Milicent L. Atieno Othiambo 651

8. Simon Othiambo Adalla 412

9. Ferdinard Katana C. Mwarandu 341

10. Geofrey Ochieng Ouma 335

TOTAL 61,128

Being dissatisfied with the said declaration of the 1^st resp…