GIDEON SITELU KONCHELLAH V. JULIUS LEKAKENY OLE SUNKULI, ELIJAH MBOGO & INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION

JUDGMENT OF THE COURT

A. Introduction

[1]This is an appeal against the Judgment of the Court of Appeal sitting at Nakuru (Makhandia, Musinga and Gatembu JJA), delivered on 31^stJuly, 2018 in Civil Appeal No. 11 of 2018, and which set aside the decision of the High Court (Muya J), in H.C (Narok) Election Petition No.1 of 2017. In doing so, the Court of Appeal invalidated the election of the Appellant as the duly elected Member of the National Assembly for Kilgoris Constituency.

B.BACKGROUND

(a) Proceedings in the High Court

[2] The Appellant was declared the duly-elected Member of the National Assembly Kilgoris Constituency following the General Election held on 8^th August, 2017. He received a total of 23, 812 votes. Aggrieved, the1^stRespondent, who came second with a total of 17, 160votes, filed Election Petition No. 1 of 2017 at the High Courtin Narok, dated4^th September, 2017, challenging the election of the Appellant. The 1^st Respondent alleged that the declared margin of votes of the A…