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Mohamed Abdi Mahamud v. Ahmed Abdullahi Mohamad, Ahmed Muhumed Abdi, Gichohi Gatuma Patrick & Independent Electoral and Boundaries Commission; Ahmed Ali Muktar ( Interested Party)

(2019) JELR 97295 (SC)

Supreme Court  •  Petition 7 of 2018  •  15 Feb 2019  •  Kenya

Coram
David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] The Petition of Appeal before the Court is dated 3rd May, 2018 and lodged on 7th May, 2018. The petitioner seeks to challenge the Judgment of the Court of Appeal, sitting at Nairobi (Waki, Makhandia and Kiage, JJA) in Election Petition Appeal No. 2 of 2018. The Appellate Court in its Judgment dated 20th April, 2018, dismissed the petitioner’s appeal, and in so doing, upheld the decision of the Election Court (Mabeya, J) which had nullified the election of the petitioner as Governor of Wajir County.

B. BACKGROUND

[2] In the general election held in the country on 8th August, 2017, six candidates including the appellant and the 1st and 2nd respondents contested the Wajir gubernatorial seat (the election). The appellant garnered 49,079 votes. His runner-up was the 1st respondent who received 35,572 votes. Pursuant to the provisions of Article 180 (4) of the Constitution, the appellant was accordingly declared the Governor of Wajir County.

[3] Aggrieve…

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