LENNY MAXWELL KIVUTI V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC), EMBU COUNTY RETURNING OFFICER, MARTIN NYAGA WAMBORA & DAVID KARIUKI

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] What is before the Court is a Petition of Appeal dated 7^th September, 2018 filed on 12^th September, 2018. The appeal is challenging the decision of the Court of Appeal, dated 17^th August, 2018, which decision upheld the appeal by the 3^rd respondent herein, hence setting aside the High Court Judgment dated 22^nd February, 2018 that had annulled the Gubernatorial elections for Embu County in the 8^th August, 2017 elections.

B. LITIGATION BACKGROUND

(a) At the High Court

[2] Following the declaration of the 3^rdrespondent as the Governor elect for Embu County having garnered 97,760 votes against the petitioner’s 96, 775 votes, the petitioner instituted Embu HC Election Petition No. 1 of 2017, Lenny Maxwell Kivuti v. the Independent Electoral and Boundaries Commission and 3 Others disputing the said declaration.

[3] The petitioner’s case before the High Court was that although the process of casting of ballots in respect of that election was smooth and pea…