NICHOLAS KIPTOO ARAP KORIR SALAT V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, WILFRED ROTICH LESAN, ROBERT SIOLEI RETURNING OFFICER BOMET COUNTY, KENNEDY ONCHAYO, WILFRED WAINAINA, PATRICK WANYAMA, MARK MANZO & ABDIKADIR SHIEKH

JUDGMENT

BACKGROUND

[1] The appellant was a contestant for the position of Senator, Bomet County, during the general elections of March, 2013 in which the 2^nd respondent was declared the duly elected Senator, by the 1^st respondent. The appellant thereafter filed a petition contesting the declaration of the 2^nd respondent as the duly elected Senator (Kericho High Court Election Petition No. 1 of 2013). He sought Orders as follows:

a recount and scrutiny of all votes cast in the Senatorial elections in Bomet County;

a declaration that the 2^nd respondent had not been validly elected as Senator;

a declaration that the appellant had been duly elected as Senator, and an Order directing the 1^st respondent to issue him with a certificate to that effect, and thereafter issue a Gazette notice accordingly;

the 2^nd respondent be disqualified from participating in any elections conducted pursuant to the Elections Act, 2011 (Act No. 24 of 2011), for a period of five years, on grounds of electoral malprac…