NASRA IBRAHIM IBREN V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, ARNOLD MUTWIRINJABANI & SAFIA SHEIKH ADAN

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

(Coram: Ibrahim, Ojwang, Wanjala, Njoki and Lenaola, SCJJ)

PETITION NO. 19 OF 2018

NASRA IBRAHIM IBREN...............................APPELLANT

VERSUS

INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION........... 1^ST RESPONDENT

ARNOLD MUTWIRINJABANI......... 2^ND RESPONDENT

SAFIA SHEIKH ADAN........................3^RD RESPONDENT

(Being an Appeal from the Judgement and decree of the Court of Appeal at Nairobi (Musinga, Kiage and M’Inoti, JJA) delivered on 22^nd June, 2018, in Election Petition Appeal No. 9 of 2018.)

JUDGEMENT

I. INTRODUCTION

[1] Before the Court is a Petition of Appeal dated 27^th July, 2018 and filed on 30^th July, 2018. It challenges the Judgement and Order of the Court of Appeal in Nairobi Election Petition Appeal No. 9 of 2018, delivered on 22^nd June, 2018, that dismissed the appeal therein, hence upholding the High Court decision that affirmed the election of the 3^rd Respondent as the Woman Representative to the National Assem…