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Nathif Jama Adam v. Abdikhaim Osman Mohamed, Sahael Nuno Abdi , Independent Electoral and Boundaries Commission & Returning Officer, Garissa County

(2014) JELR 104216 (SC)

Supreme Court  •  Petition 13 of 2014  •  9 Jul 2014  •  Kenya

Coram
Philip Kiptoo Tunoi, Kalpana Hasmukhrai Rawal, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Willy Munywoki Mutunga, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

(Coram: Mutunga, CJ and P; Rawal, DCJ and V-P; Tunoi, Ibrahim, Ojwang, Wanjala and Njoki, SCJJ)

PETITION NO. 13 OF 2014

-BETWEEN-

NATHIF JAMA ADAM....................................................................APPELLANT

-AND-

1. ABDIKHAIM OSMAN MOHAMED .

2. SAHAEL NUNO ABDI

3. THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION

4. RETURNING OFFICER, GARISSA COUNTY.................RESPONDENTS

(Being an appeal from the Judgement and Orders of the Court of Appeal at Nairobi in Civil Appeal No. 293 of 2013 (Maraga, Mwera and Mwilu JJA) dated 23rd April, 2014)

JUDGMENT

A. INTRODUCTION

[1] This is an appeal against the Judgement of the Court of Appeal, overruling the decision of the High Court sitting at Nairobi (Mabeya, J.) in Election Petition No. 2 of 2013, delivered on 24th September, 2013. The upshot of that decision was the invalidation of the election of the appellant, as Governor of Garissa County.

BACKGROUND

[2] The appellant, Mr. Nath…

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