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Nderitu Gachagua v. Thuo Mathenge, Returning Officer Nyeri County & Independent Electoral and Boundaries Commission

(2013) JELR 98506 (CA)

Court of Appeal  •  Civil Appeal 14 of 2013  •  20 Aug 2013  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



Before us is an interlocutory appeal from the ruling of the High Court (Wakiaga, J.) dated 10th June, 2013 wherein a preliminary objection challenging the competence of an Election Petition filed therein and the jurisdiction of the High Court to entertain the same was partly upheld.

The genesis of this appeal is that in preparation of the concluded gubernatorial elections, the 3rd respondent received nomination papers from the various candidates who wished to vie for the Governorship seat in the 47 Counties. The 1st respondent who was vying for the Nyeri County Governor’s seat together with his running mate, Dr. Geoffrey Kamau Kibui, submitted their nomination papers to the 3rd respondent. The 3rd respondent vide the gazette notice dated 17th February, 2013 published the names of all the candidates and their running mates who were vying for the Governorship seat in the 47 Counties. However, the 3rd respondent erroneously listed one Geoffrey Gitonga Ndegwa as being …

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