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JOSEPH AMISI OMUKANDA V. INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION (I.E.B.C.), WILSON KIMUTAI KIPCHUMBA & EMMANUEL WANGWE

(2014) JELR 105161 (CA)

Court of Appeal  •  Civil Appeal 45 of 2013  •  14 Mar 2014  •  Kenya

Coram
Daniel Kiio Musinga, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

This is an appeal from the decision of Chitembwe, J. given on 20th September, 2013 by which the learned Judge dismissed an election petition which was filed by Joseph Amisi Omukanda (hereinafter “the petitioner”) following the election of Emmanuel Wangwe (hereinafter “the 3rd respondent”) as member of the National Assembly for Navakholo constituency in the general election held on 4th March, 2013.

The appellant was one of the eight candidates who contested the seat. He garnered a total of 10,246 votes and the 3rd respondent garnered 10,214. The other six candidates faired as follows:-

Vance Udoto ....................... 6184

Moni Wekesa ..................... 6156

Leonard Mayende ............. 298

Emmy Nawanjaya Siganga.. 297

Saleh Mung'ang'a ............... 258

Stanley Kevin Bushuru ...... 210

The other six candidates are not involved in this appeal nor were they parties to the petition although Vance Udoto was a witness for the petitioner.

Being aggrieved by the outcome o…

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