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Martin Nyaga Wambora v. Lenny Maxwell Kivuti, Embu County Returning Officer, Independent Electoral and Boundaries Commission (IEBC) & David Kariuki

(2018) JELR 99255 (CA)

Court of Appeal  •  Election Petition Appeal 6 of 2018  •  17 Aug 2018  •  Kenya

Coram
Daniel Kiio Musinga, William Ouko, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The August 8th 2017 election outcome for the Governor, Embu County was indeed a close contest with the votes almost evenly divided between Martin Nyaga Wambora, the appellant, and Lenny Maxwell Kivuti, the 1st respondent. In situations like that, each party will claim victory and try to bring all forms of evidence to prove that victor; and that is perfectly understandable.

When the voting closed, the 2nd respondent declared the following results for the gubernatorial election;

(a) Cyrus Njiru – 2,352

(b) Kiragu Kithinji – 50,440

(c) Lenny Maxwell Kivuti - 96,775

(d) Leonard Muriuki Njeru – 2,022

(e) Martin Nyaga Wambora – 97,760

(f) Peter Njagi Njuki – 981,

and declared the appellant with 97,760 votes as the duly elected Governor with the 1st respondent, as the runner-up with 96,775, the difference between them being 985 votes. The latter was, however, aggrieved by this outcome and claimed in his petition before the election court that, although the process of casting of …

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