JEREMIAH NYANGWARA MATOKE V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC), RETURNING OFFICER BOMACHOGE CONSTITUENCY & ALFAH MIRUKA ONDIEKI

JUDGMENT OF THE COURT

[1] In the general elections that were held on 8^th August 2017, the appellant, Jeremiah Nyangwara Matoke contested as a candidate for election as Member of National Assembly for Bomachoge Constituency. Following the elections that had attracted fifteen contestants, the Returning Officer of Bomachoge Constituency (2^nd Respondent) declared the 3^rd respondent Alfa Miruka Ondieki the duly elected candidate having garnered 19,711 votes. The appellant was the closest contender with 4,356 votes.

[2] The appellant who was dissatisfied with the outcome of the election, filed a petition, alleging that there were two sets of results, and that there were irregularities in the statutory Form 34As including, forms not having been signed by the presiding officers or deputy presiding officers and agents, alterations on forms that were not countersigned, forms lacking security features and stamps of the Independent Electoral And Boundaries Commission the (1^st respondent) and incorr…