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Dickson Mwenda Githinji v. Gatirau Peter Munya, Independent Electoral & Boundaries Commission & Fredrick Njeru Kamundi County Returning Officer Meru County

(2014) JELR 102712 (CA)

Court of Appeal  •  Civil Appeal 38 of 2013  •  12 Mar 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Jamila Mohammed, James Otieno Odek




The margin between the winner and runner up in the Meru gubernatorial elections conducted on 4th March 2013 is 3,436 votes. This translates to 0.819 per cent of the total votes cast of 423,247 as per Form 36. The trial Judge described this margin as wide and one of the issues in this appeal is whether a margin of 0.819 per cent which is less than one per cent can be said to be wide both in terms of numerical value and as a percentage of the total votes cast. The crux of this appeal is whether the errors and irregularities disclosed by the evidence on record materially affected the quantitative margin and the qualitative aspects of the Meru gubernatorial election. The other central issue in the appeal is whether the trial judge was right in ordering scrutiny and recount in only 7 polling stations. Central to the appeal is the question whether the trial judge independently evaluated the evidence on record and if he considered and evaluated the testimony of…

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