EVANS ODHIAMBO KIDERO, JONATHAN MUEKE, INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION (IEBC),ISAAC HASSAN(RETURNING OFFICER OF THE NATIONAL TALLYING CENTRE) & NAIROBI COUNTY RETURNING OFFICER V. FERDINAND NDUNGU WAITITU,HONOURABLE ATTORNEY-GENERAL,DIVISIONAL COMMANDING OFFICER (DCIO), GIGIRI POLICE STATION,DIVISIONAL COMMANDING OFFICER (DCIO), KAYOLE POLICE DIVISION NAIROBI & INSPECTOR-GENERAL OF THE NATIONAL POLICE SERVICE
(2014) JELR 104179 (SC)
Supreme Court
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Petition 18 & 20 of 2014
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29 Aug 2014
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Kenya
Coram
Philip Kiptoo Tunoi
Kalpana Hasmukhrai Rawal
Jackton Boma Ojwang
Mohammed Khadhar Ibrahim
Willy Munywoki Mutunga
Smokin C Wanjala
Susanna Njoki Ndungu
Judgement
<p class="ql-align-center">JUDGMENT</p><p class="ql-align-justify">A. INTRODUCTION</p><p class="ql-align-justify">[1] This is an appeal against the Judgment of the Court of Appeal sitting in Nairobi, delivered on 13<sup>th</sup> May, 2014 in<em> Civil Appeal No. 324 of 2013,</em> overruling the decision of the High Court sitting at Nairobi <em>(Mwongo J.),</em> in <em>Election Petition No.1 of 2013</em>.The Court of Appeal decision invalidated the election of the 1<sup>st </sup>and 2<sup>nd</sup>appellants as the duly-elected Governor and Deputy Governor of Nairobi County.</p><p class="ql-align-justify">B. BACKGROUND</p><p><em>Proceedings in the High Court</em></p><p class="ql-align-justify">[2] The 1<sup>st</sup> appellant was declared the duly-elected Governor of Nairobi County following the gubernatorial elections held on 4<sup>th</sup> March, 2013. He received a total of 692, 483 votes. The 1<sup>st</sup> respondent, whocamesecond with a total of 617, 839 votes,subsequently filed <em>Election Petition No. 1 of 2013</em> at the High Courtat Nairobi,dated 11<sup>th</sup> March, 2013,challenging the election of the 1<sup>st</sup> appellant.</p><p class="ql-align-justify">[3] The petition was filed before Judges of election Courts had been duly designated and gazetted;hence it was initially heard at the Cā¦</p>