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Edward Tale Nabangi v. James Lusweti Mukwe,Independent Electoral & Boundaries Commission (I.E.B.C.) & Benson Esuza Lumwagi

(2018) JELR 102527 (CA)

Court of Appeal  •  Election Petition Appeal 23 of 2018  •  26 Jul 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from judgment of election court (Ali Aroni, J.) dismissing the appellant’s petition for invalidation of the election of James Luswet Mukwe, the 1st respondent herein, as a Member of National Assembly for Kubuchai Constituency.

[2] The appellant and the 1st respondent were among the seven candidates, who vied for election as a Member of National Assembly for Kabuchai Constituency in Bungoma County in the election held on 8th August, 2017. On 10th August, 2017 the 1st respondent was declared duly elected with 18,485 votes. The appellant was the runners-up with 18,062 votes.

[3] The petition was supported by the appellant’s affidavit and sixteen witness affidavits. The basis of the petition was that the electoral process failed to meet the minimum threshold of a democratic electoral system and process set out in Article 81, 82(2), 84, 86 and 88(4) of the Constitution as read together with the Elections Act, 2011; Election Laws (Amendments) Act 201…

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