GATIRAU PETER MUNYA V. DICKSON MWENDA KITHINJI, INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & FREDRICK NJERU KAMUNDI/COUNTY RETURNING OFFICER MERU COUNTY

JUDGMENT

A. INTRODUCTION

[1] This is an appeal against the judgment of the Court of Appeal sitting in Nyeri, delivered on 12^th 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 Governor of Meru County.

B. BACKGROUND

a. Proceedings in the High Court

[2] The appellant was declared as Governor of Meru County after the Meru gubernatorial elections held on 4^th March, 2013. He won the election by 3,436 votes. The 1^st respondent, a registered voter in North Imenti Constituency in Meru County, filed a petition in the High Court at Meru on 26^th March, 2013 seeking a nullification of the election results. The petitioner (the 1^st respondent herein) alleged that the election was marred by voter bribery, violence, intimidation, harassment, electoral malpractices, undue influence, discrepancy in the results anno…