Harun Meitamei Lempaka v. Lemanken Aramat, Isaac Rutto & Independent Electoral & Boundaries Commission (IEBC)

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: WAKI, MUSINGA and GATEMBU, JJ.A.)

CIVIL APPEAL NO. 276 OF 2013

BETWEEN

HARUN MEITAMEI LEMPAKA ...................................................................... APPELLANT

VERSUS

HON. LEMANKEN ARAMAT ................................................................ 1^ST RESPONDENT

ISAAC RUTTO ................................................................................ 2^ND RESPONDENT

INDEPENDENT ELECTORAL and BOUNDARIES COMMISSION (IEBC)...3^RD RESPONDENT

(Appeal from the Judgment of the High Court of Kenya at Nakuru (Emukule, J.) dated 5^th September, 2013

in

H.C. Election Petition No. 2 of 2013)

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JUDGMENT OF MUSINGA, J.A.

1. The appellant was one of the contestants for the seat of member of the National Assembly for Narok East Constituency, hereinafter referred to as “the constituency”. The 2^nd respondent, who was the returning officer, declared the 1^st respondent as the winner of the said election, having garnered 5,615 votes while the p…