MARTHA WANGARI KARUA V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, SEKI LEMPAKA, ANNE WAIGURU & PETER NDAMBIRI

JUDGMENT OF THE COURT

A. INTRODUCTION

1. The Petition before us, dated 25^th January, 2019, is filed pursuant to Rules 9 and 33 of the Supreme Court Rules, 2012. The Petitioner contests the Judgment of the Court of Appeal delivered on 20^th December, 2018 which dismissed her appeal thus upholding the election of the 3^rd and 4^th Respondents as the Governor and Deputy Governor of Kirinyaga County, respectively.

B. BACKGROUND

(i) Proceedings before the High Court and the subsequent preliminary appeals

[2] The Petitioner and the 3^rd Respondent were candidates for the position of Governor for Kirinyaga County during the election held on 8^th August, 2017. After the counting of votes, the 3^rd Respondent was declared the winner of that election. Being dissatisfied with the outcome, the Petitioner filed an election petition at the High Court in Embu seeking nullification of the election results. She alleged inter alia that the election was not credible for reasons of bribery, tampering with ballot bo…