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Julius Lekakeny ole Sunkuli v. Gideon Sitelu Konchellah, Elijah Mbogo & Independent Electoral &Boundaries; Commission

(2018) JELR 100466 (CA)

Court of Appeal  •  Election Petition Appeal 11 of 2018  •  31 Jul 2018  •  Kenya

Daniel Kiio Musinga, Milton Stephen Asike Makhandia, Stephen Gatembu Kairu



In competitive elections as was witnessed in Kilgoris constituency on 8th August 2017, there was bound to be a winner and a loser. In few instances a loser will take it lying down and live to fight it out another day when the cycle of election is next announced. However, in most cases losers will never accept that they lost fairly and squarely. They tend to impugn the results on all manner of allegations and grievances. The case of Kilgoris constituency is therefore no exception.

After coming second following the declaration of results in which the 1st respondent was declared the winner with a total vote of 23,812 and subsequently gazetted as member of the National Assembly for Kilgoris constituency, the appellant who garnered 17,160 votes mounted a challenge of the results declared by the 2nd respondent on behalf of the 3rd respondent by filing an election petition in the High Court at Narok. The other contestants in the race were Siparo Joseph who garnered 1,803 …

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