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Patrick Mweu Musimba v. Richard N. Kalembe Ndile, Caroline Mwelu Mwandiku, Gedi Arale Noor & Independent Electoral And Boundaries Commission

(2013) JELR 96534 (CA)

Court of Appeal  •  Civil Application 231 of 2013 (Ur 166/2013)  •  4 Oct 2013  •  Kenya

Coram
Wanjiru Karanja, Patrick Omwenga Kiage, Kathurima M'inoti

Judgement

RULING OF THE COURT

1. Following the 4th March 2013 National Assembly Election for Kibwezi West Constituency, Patrick Mweu Musimba (Applicant) was said to have garnered a total of 17,174 votes. He was closely followed by Richard Kalembe Ndile (1st respondent) with 16,975 votes and by Caroline Mwelu Mwandiku (2nd respondent) in the 3rd position with a modest figure 4,111 votes. The applicant herein was thus declared the winner of the election and the duly elected Member of Parliament for Kibwezi West Constituency. He had contested as an Independent Candidate.

2. Both the 1st and 2nd respondents were dissatisfied with the declared results and moved to the High Court sitting as an Election Court in Machakos and filed two petitions. The first respondent’s petition was Election Petition No. 1 of 2013 while that of the 2nd Respondent was Election Petition No. 7 of 2013.

The two petitions were consolidated and heard together with the Court (Majanja, J) rendering the judgment on 15th August 2013…

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