IBRAHIM AHMED V. RETURNING OFFICER KAMUKUNJI CONSTITUENCY, NAIROBI, ELECTORAL COMMISSION OF KENYA, SIMON NG'ANG'A MBUGUA, MWAURE WAIHIGA & P.L.O. LUMUMBA

RULING OF THE COURT

The applicant, Ibrahim Ahmed, was one of the candidates in the parliamentary elections held on 27^th December, 2007. He was a candidate in Kamukunji Constituency. By 17^th January, 2008, results of the elections in respect of that constituency had neither been announced nor gazetted. The third respondent, Simon Ng’ang’a Mbugua, filed chamber summons in the superior court seeking leave to apply for prerogative orders against the first and second respondents – Returning Officer, Kamukunji Constituency and Electoral Commission of Kenya respectively, on 17^th January 2008. That application was successful and he proceeded to file the substantive notice of motion for the three orders. That application was heard by two judges of the superior court (Nyamu and Wendoh JJ.) who, in a judgment delivered on 29^th July 2004, allowed the application for Judicial Review stating, inter alia:

“In the result, the 2^nd respondent decision/order/ direction announced at KICC on 29^th December i…