REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
(Coram: Mutunga, CJ and P, Rawal, DCJ and V-P, Tunoi, Ibrahim, Ojwang, Wanjala, Njoki, SCJJ)
PETITION NO. 2B OF 2014
-BETWEEN-
GATIRAU PETER MUNYA.........................................................APPELLANT
-AND-
DICKSON MWENDA KITHINJI
THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION
FREDRICK NJERU KAMUNDI/COUNTY
RETURNING OFFICER, MERU COUNTY........................RESPONDENTS
(Appeal from the Judgment and Orders of the Court of Appeal sitting at Nyeri (Visram, Mohammed and Otieno-Odek JJ.A) delivered on 12th March, 2014 in Nyeri Civil Appeal No. 38 of 2013)
JUDGMENT
A. INTRODUCTION
[1] This is an appeal against the judgment of the Court of Appeal sitting in Nyeri, delivered on 12th March, 2014 in Nyeri Civil Appeal No. 38 of 2013, overruling the decision of the High Court sitting at Meru (Makau J.) in Election Petition No.1 of 2013. The Court of Appeal decision invalidated the election of the appellant as the duly-elected Govern…