MOHAMED ABDI MAHAMUD V. AHMED ABDULLAHI MOHAMAD, AHMED MUHUMED ABDI, GICHOHI GATUMA PATRICK & INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION; AHMED ALI MUKTAR ( INTERESTED PARTY)

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] The Petition of Appeal before the Court is dated 3^rd May, 2018 and lodged on 7^th 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 20^th 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 8^th August, 2017, six candidates including the appellant and the 1^st and 2^nd respondents contested the Wajir gubernatorial seat (the election). The appellant garnered 49,079 votes. His runner-up was the 1^st 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…