DR. THUO MATHENGE, MICHAEL MWANGI KIBICHO V. NDERITU GACHAGUA , RETURNING OFFICER, NYERI COUNTY &INDEPENDENT; ELECTORAL AND BOUNDARIES COMMISSION

JUDGMENT OF THE COURT

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

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