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Martha Wangari Karua v. Independent Electoral & Boundaries Commission, Seki Lempaka, Anne Waiguru & Peter Ndambiri

(2018) JELR 99277 (CA)

Court of Appeal  •  Civil Appeal 12 of 2018  •  20 Dec 2018  •  Kenya

Coram
Roselyn Naliaka Nambuye, Hannah Magondi Okwengu, Stephen Gatembu Kairu

Judgement

JUDGEMENT OF THE COURT

Introduction

1. This is an appeal from the judgement of the High Court of Kenya (Gitari, J) sitting at Kerugoya delivered on 14th June 2018 dismissing the appellant's election petition. In that petition, the appellant sought a declaration that the election for the position of Governor, Kirinyaga County held on 8th August 2017 was not free, fair and verifiable and is therefore void and invalid; a declaration that the 3rd respondent was not duly elected as the Governor of Kirinyaga County and that the declaration by the 1st respondent to that effect is null and void; an order for fresh election of Governor of Kirinyaga County to be held; and for a declaration that the 3rd respondent is not fit to contest in that election.

2. The 3rd and 4th respondents have cross appealed. They contend that the judgment appealed from is a nullity because the election court lacked jurisdiction to hear and determine the appellant’s election petition after the expiry of the 6 months per…

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