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Dr. Thuo Mathenge, Michael Mwangi Kibicho v. Nderitu Gachagua , Returning Officer, Nyeri County &Independent; Electoral and Boundaries Commission

(2013) JELR 102638 (CA)

Court of Appeal  •  Civil Appeal 29 of 2013  •  4 Dec 2013  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



Before us is a consolidated appeal against the decision of the High Court (Wakiaga, J.) dated 9th September, 2013 wherein the appellants' Petitions were dismissed.

By Petitions dated 8th March, 2013 and 2nd April, 2013, the 1st and 2nd appellants respectively challenged the gubernatorial elections conducted on 4th March, 2013 in Nyeri County. These two Petitions were consolidated by the High Court for the purpose of hearing and determination. The 1st appellant was one of the candidates who vied for the Governorship seat in Nyeri County while the 2nd appellant was a registered voter in the concluded general elections of Kenya held on 4th March, 2013. The other candidates who vied for the said post were the 1st respondent as well as Gakuru Patrick Wahome, Mutahi Mwangi Njururi and Wang'ondu John Githinji. On 13th March, 2013 after the conclusion of the said elections the 3rd respondent announced the election of the 1st respondent as the Governor of Nyeri County throu…

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