<p class="ql-align-justify">JUDGMENT</p><p class="ql-align-justify">INTRODUCTION</p><p class="ql-align-justify">[1] This is an appeal against the Judgment of the Court of Appeal, which nullified the election of the appellant as Member of the National Assembly for Nyando Constituency.</p><p class="ql-align-justify">[2] The Petition of Appeal to this Court, filed on 7^th April, 2014 was premised on six grounds:</p><p class="ql-align-justify">(i) that, the learned Judges of Appeal were wrong in their interpretation and application of Articles 12, 27, 33(1) and 38 of the Constitution, as they held that these were subservient to, or limited by the provisions of Sections 2 and 66 of the Elections Act (Cap. 7, Laws of Kenya) (the Elections Act);</p><p class="ql-align-justify">(ii) that, in interpreting Sections 2 and 66 of the Elections Act as they did, the Court of Appeal disregarded the clear provisions of Article 24 of the Constitution;</p><p class="ql-align-justify">(iii) that, the learned Judges of Appeal were wrong in their interpretation and application of Sections 2 and 16 of the Public Officer Ethics Act (Cap. 183, Laws of Kenya) in such a manner as to limit and amend the clear and unequivocal provi…</p>