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

(2018) JELR 99274 (CA)

Court of Appeal  •  Election Petition Appeal 1 of 2017  •  2 Mar 2018  •  Kenya

Coram
Daniel Kiio Musinga, Mohammed Abdullahi Warsame, William Ouko

Judgement

JUDGMENT OF THE COURT

On 8th August 2017, the people of Kirinyaga County, like other Kenyans, went to various polling stations to vote for members of various national offices. The appellant and the 3rd respondent were among those who contested the position of Governor of Kirinyaga County. After the votes were counted and tabulated, the 3rd respondent was declared the duly elected Governor of Kirinyaga County after garnering 161,343 votes. The appellant came second with 122,091 votes. The appellant was aggrieved with the declaration of the results and on 5th September 2017 filed a petition before the High Court at Kerugoya in which she challenged the election of the 3rd respondent, alleging that the elections were not credible, free, fair or verifiable since there was massive cheating, intimidation, voter bribery, exclusion of her agents, use of unauthorized persons to man polling stations, tampering with ballot boxes, forgery of ballot papers and breach of constitutional requirements i…

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