M'NKIRIA PETKAY SHEN MIRITI V. RAGWA SAMUEL MBAE, INDEPENDENT ELECTORAL & BONDERIES COMMISSION & SAMUEL MUCHERU

JUDGMENT OF THE COURT

Introduction:

Before us is an appeal from the judgment of the High Court (Lesiit, J.) dated 27^th September, 2013 wherein the appellant's Election Petition challenging the election of the 1^st respondent as the Governor for Tharaka-Nithi County was dismissed with costs. The appellant seeks the following orders:-

• The appeal be allowed with costs and the judgment and order appealed from be set aside.
• A declaration that the election of the 1^st respondent as the County Governor for Tharaka-Nithi County was not valid and lawful and the same was not conducted in a free, fair and regular manner as required by the Constitution and the Election Act and the Regulations made thereunder.
• The election of the 1^st respondent as the County Governor for Tharaka-Nithi County be set aside to allow for a fresh free and fair election.
• The respondents be ordered to bear the costs both in the proceedings before the Superior Court and those before this Court.
• In the alternative and without preju…