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Mohamed Abdi Mahamud v. Ahmed Abdullahi Mohamad, Ahmed Muhumed Abdi, Gichohi Gatuma Patrick & Independent Electoral and Boundaries Commission

(2018) JELR 99028 (CA)

Court of Appeal  •  Election Petition Appeal 2 of 2018  •  20 Apr 2018  •  Kenya

Coram
Philip Nyamu Waki, Milton Stephen Asike Makhandia, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

Following the August 8th 2017 general election the appellant Mohammed Abdi Mohammed was declared as the Governor of Wajir County having contested the seat on a Jubilee Party ticket. He garnered some 49,401 votes. His closest competitors Ahmed Abdullahi Mohammed and Ahmed Muhumed Abdi who happen to be the 1st and 2nd respondents herein, contested on Orange Democratic Party and the Party for Development and Reforms and garnered 36,598 and 31, 902 votes, respectively.

Shortly after that declaration, on 6th September 2017, those two respondents filed a petition before the High Court inNairobi by which they sought the nullification of the appellant?s election. The appellant was named as the 1st respondent while the other two were Gichohi Gatume Patrick, the Returning Officer (R.O) and the Independent Electoral and Boundaries Commission (IEBC).

The grounds on which the nullification was sought, the particulars were given in great detail, were these;

(a) Disqualification of…

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