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Mohamed Mahamud Ali v. Independent Electoral and Boundaries Commission, Aisha Abubakar, Changamwe Constituency Returning Officer & Omar Mwinyi Shimbwa

(2018) JELR 99010 (CA)

Court of Appeal  •  Election Petition Appeal 7 of 2018  •  26 Jul 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

Background

1. The race for Member of National Assembly Changamwe Constituency in the 8th August 2017 general elections attracted six contenders. After the people of Changamwe cast their votes and the exercise came to an end, they must have, like many other voters, waited with bated breath to see how their preferred candidate had fared. When the results were announced by the 2nd respondent on behalf of the 1st respondent on 10th August,2017 the votes for each contestant were as follows;-

(i) Shimbwa Omar Mwinyi garnered 31584

(ii) Daib Abdi Mohamed.....................9769

(iii) Muange Daniel............................6657

(iv) Mittau Peterson........................... 478

(v) Mpapale Godfrey Imbili..................196

(vi) Ngugi Patrick ...............................181

2. From the above results it was evident that Shimba Omar Mwinyi (“the 3rd respondent”) had garnered the highest number of votes. He was consequently declared the winner and his name was subsequently p…

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