RULING OF THE COURT
The applicant, Joseph Amisi Omukanda, was one of the candidates who contested the seat of member of the National Assembly, Navakholo Constituency, during the 4th March, 2013 general elections. On 5th March, 2013, the third respondent, Emmanuel Wangwe, was declared the duly elected member of the National Assembly by the 1st respondent, the Independent Electoral and Boundaries Commission (IEBC), having garnered 10,246 votes to the appellants 10, 214 votes. Disgruntled that he had lost the election literally by a whisker, (a paltry 32 votes), the appellant lodged Election Petition No. 4 of 2013 in the High Court at Kakamega. In the petition, he indicated that except for various malpractices and irregularities which he alleged in the collating, tabulation, tallying and counting of the votes, he was otherwise satisfied with the conduct and management of the entire election in the constituency.
The appellant accordingly sought only two substantive prayers: firstly, an orde…