EDWARD TALE NABANGI V. JAMES LUSWETI MUKWE,INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION (I.E.B.C.) & BENSON ESUZA LUMWAGI

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 1^st respondent herein, as a Member of National Assembly for Kubuchai Constituency.

[2] The appellant and the 1^st 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 8^th August, 2017. On 10^th August, 2017 the 1^st 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…