NYUTU PETER KAMAU V. INDEPENDENT ELECTORAL AND COMMISSION, RETURNING OFFICER, MBEERE SOUTH CONSTITUENCY & MUTURI GEOFFREY KING'ANGI

JUDGMENT OF THE COURT

The appellant, Nyutu Peter Kamau, was one of the contestants for the position of Member of Parliament for Mbeere South Constituency in Embu County which seat was contested by 9 candidates in the election held on 8th August, 2018. The petition filed by the appellant in the High Court of Kenya, Embu, does not give the votes received by each candidate which is contrary to Rule 12(1) and (2) of the Elections (Parliamentary and County Elections) Petition Rules, 2017. From the record the 3rd respondent, Muturi Geoffrey King'angi, was declared the winner by the 2nd respondent after garnering 18,028 votes. The appellant received 2,767 votes and was 7th in the race. Being dissatisfied with declaration of the results the appellant filed an election petition in the High Court of Kenya, Embu, where the Independent Electoral and Boundaries Commission was named as 1st respondent; Mbeere Electoral Constituency Returning Officer named as 2nd respondent and the person declared the…