HAMDIA YAROI SHEIKH NURI V. FAITH TUMAINI KOMBE, AMANI NATIONAL CONGRESS & INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION

JUDGMENT OF THE COURT

This appeal arises from an election petition filed by the appellant, Hamdia Yaroi Sheikh Nuri, (Hamdia) against Faith Tumaini Kombe, the 1^st respondent, (Tumaini) and Amani National Congress, the 2^nd respondent, (ANC) following Tumaini’s nomination as member of the Tana River County Assembly by the ANC.

The petition was filed in the Chief Magistrate’s Court at Milimani, Nairobi, wherein Hamdia contended that by Gazette Notice Number 8380 Tumaini was gazetted as member of County Assembly for Tana River County. Hamdia’s complaint was that Tumaini was not a registered voter, and as such was not eligible for nomination or election as member of the County Assembly. As an active member of the ANC, Hamdia had applied for, and was nominated third, after Tumaini and one Catherine Muthoni Mwamba on the ANC’s party list. Following the General Election, the ANC having garnered 2 seats in the County Assembly was entitled to nominate two person from its party list, and consequen…