PAUL POSH ABORWA V. INDEPENDENT ELECTION & BOUNDARIES COMMISSION,MICHAEL KOSGEI (RETURNING OFFICER) & DAVID AOKO WERE

JUDGMENT OF THE COURT

This is an appeal from the judgment of the Election Court (E.K.O Ogola J) sitting at the High Court Kakamega in Petition No. 9 of 2013 delivered on 7^th October 2013 by which the Court dismissed the appellant’s petition challenging the election of the 3^rd respondent as Member for National Assembly for Matungu constituency during the elections held on 4^th March 2013.

Background

The appellant, Paul Posh Abwora, was one of nine contestants for the position of Member for National Assembly for Matungu constituency in the general election conducted by the 1^st respondent, IEBC, on 4^th March 2013. After counting of votes and tallying of the various Forms 35 Michael Kosgei, the 2^nd respondent, who was the returning officer for that constituency announced David Aoko Were, the 3^rd respondent, as the duly elected Member for National Assembly for Matungu constituency on 5^th March 2013. Subsequently the 3^rd respondent was gazetted as Member for National Assembly for Matungu consti…