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Dennis Magare Makori & Samson Bichanga v. Independent Electoral and Boundaries Commission, Wilson Kimutai Kipchumba, Silvanus Osoro Onyiego & Jacob Mbicha Mogere

(2018) JELR 97899 (CA)

Court of Appeal  •  Election Petition Appeal 22 of 2018  •  26 Jul 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

Introduction and Background

1. In the contest for the position of Member of National Assembly in South Mugirango Constituency in Kisii County, which culminated in the election of 8th August 2017, the appellants, Denis Magare Makori (the 1st appellant) and Samson Bichanga (the 2nd appellant), as well as the 3rd Respondent, Silvanus Osoro Onyiego, were candidates. They emerged the top three candidates with the Independent Electoral Boundaries and Boundaries Commission (IEBC), the 1st respondent herein, declaring the results as follows:

Silvanus Osoro Onyiego 11,168

Denis Magare Makori 10,434

Samson Bichanga 7,074

2. Wilson Kimutai Kipchumba, the 2nd respondent, who was the returning officer appointed by the 1st respondent to conduct the election in South Mugirango Constituency, declared the results and issued the 3rd respondent with a certificate confirming that he had been duly elected as the Member of National Assembly for South Mugirango Constituency.

3. During the eleā€¦

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