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Kakuta Maimai Hamisi v. Peris Pesi Tobiko, Independent Electoral And Boundary Commission (IEBC) & Returning Officer Kajiado East Constituency

(2013) JELR 97000 (CA)

Court of Appeal  •  Civil Appeal 154 of 2013  •  8 Aug 2013  •  Kenya

Coram
Wanjiru Karanja, William Ouko, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant herein KAKUTA MAIMAI HAMISI contested the Kajiado North Parliamentary Seat in the March 4th 2013 General Election. When the results for that seat were announced on 5th March, 2013 he was announced as coming in second with 22,771 votes. The margin separating him and the declared winner PERIS PESI TOBIKO, the 1st respondent herein was the rather tantalizingly close figure of 874 votes.

Unhappy with the outcome of the election, and believing himself possessed of sufficient grounds in the form of stated irregularities and discrepancies, the respondent challenged the by way of a Petition filed at the High Court in Nairobi against the respondents herein in which he sought the following prayers;

Declaration that the 4/3/2013 election of member of parliament of the 1st respondent is null and void for not being free fair and transparent and lacking credibility.

Certificate issued and granted to the 1st respondent be and is hereby quashed and nullified.

Fresh elec…

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