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JACKTON NYANUNGO RANGUMA V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, COUNTY RETURNING OFFICER, INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, KISUMU COUNTY & PETER ANYANG' NYONGO

(2018) JELR 101226 (CA)

Court of Appeal  •  Election Petition Appeal 1 of 2018  •  14 Jun 2018  •  Kenya

Coram
Philip Nyamu Waki, James Otieno Odek, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

1. On 8th August 2017, the people of Kisumu County participated in gubernatorial elections to elect the Governor of the County. There were five candidates for the seat. The votes garnered and returned for each candidate were as follows:

(a) Peter Anyang' Nyongo ............................ 272,127

(b) Peter Charles Owino Omollo ........................ 1,955

(c) Christine R. A. Atieno ............................... 2, 383

(d) Jackton Nyanungo Ranguma ..................... 156,963

(e) David Otieno Wayiera ................................... 821

2. Based on the returned votes, the 3rd respondent was declared winner of the elections. Aggrieved by the declaration, the appellant lodged an election petition before the High Court. The grounds in support of the Petition were enumerated inter alia as:

(a) Violation of the principles of free and fair elections and electoral process as provided in Article 81 (e) of the Constitution.

(b) Relay and transmission of results from pollin…

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