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Ephraim Njugu Njeru v. Justin Bedan Njoka Muturi. T M Mithika Kiome (Returning Officer Siakago Constituency) & Electoral Commission of Kenya

(2006) JELR 105249 (CA)

Court of Appeal  •  Civil Appeal 314 of 2003  •  8 Dec 2006  •  Kenya

Samuel Elikana Ondari Bosire, Philip Nyamu Waki, John walter Onyango Otieno



Following the National Assembly and Presidential elections in December, 2002, T.M. Mithika Kiome, the Returning Officer, Siakago Constituency, (the 2nd respondent), declared Justin Bedan Njoka Muturi (1st respondent), as the winner. A part from the 1st respondent, there were other candidates vying for the same parliamentary seat, among them Ephraim Njugu Njeru, (the appellant), who was the runner up with 8,670 votes against 8,936 for the 1st respondent. Publication in the Kenya Gazette of these results was made on 3rd January, 2003.

The appellant was dissatisfied with the results, and consequently lodged an election petition, to wit No. 13 of 2003, before the High Court Central Registry, Nairobi, on 24th January, 2003, as he was entitled to do, pursuant to the provisions of section 44(1) of the constitution. He cited the 1st and 2nd respondents along with the Electoral Commission of Kenya (3rd respondent) as respondents. The grounds for the petition are not materia…

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