PATRICK NGETA KIMANZI V. MARCUS MUTUAL MULUVI, ALICE KIMANI (RETURNING OFFICER) & INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION

RULING OF THE COURT

The Petitioner, Patrick Ngeta Kimanzi, was a voter in the parliamentary elections for Kitui East Constituency held on the 4^th March 2013. The first respondent, Marcus Mutua Muluvi, was one of the candidates in the elections while Alice Kimani, the 2^nd respondent was the returning officer. The 1^st respondent was declared by the Independent Electoral and Boundaries Commission (IEBC), the 3^rd respondent, to be the successful candidate with a total number of 8,243 votes against the runner-up, Mulaimu Musuvya, who had 7,366 votes. The other seven candidates who took part in the election had votes ranging from 223 to 4,549.

On 10.04.2013, the petitioner filed in the High Court at Machakos Election Petition No. 8 of 2013 challenging the election of the 1^st respondent. Under Section 78(2)(b) of the Elections Act, 2011 the petitioner was required to deposit Ksh.500,000/= being security for costs not more than ten days after presentation of the petition. He did not. Section 78…