JUDGMENT OF KIAGE, JA.
The background to this appeal, the grounds upon which it is brought as well as the submissions made by counsel appearing before us and the authorities they cited have all been amply and succinctly captured in the judgment of my brother Gatembu Kairu, J.A. I have had the advantage of reading and engaging with the same in draft and I do not consider it necessary to restate the same herein.
As I find myself unable to agree with the analytical path and destination taken by my honourable brothers in the majority, however, I find myself compelled to take the road less travelled and to express myself differently on a number of issues I consider germane herein.
Can the election court be said to have erred in the exercise of its discretion in refusing to order scrutiny and recount? With great respect to the learned Judge, I most definitely think so even though on this occasion, I find myself alone. This aspect of the case has caused me great anxiety as it must cause all who…