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Peter Bodo Okal v. Philemon Juma Ojuok, Independent Electoral & Boundaries Commission & Returning Officer, Nyakach Constituency

(2019) JELR 93897 (CA)

Court of Appeal  •  Election Petition Appeal 39 of 2018  •  14 Feb 2019  •  Kenya

Coram
Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

[1] This is a Ruling on two applications filed in the appeal. The appeal is from the judgment of the High Court in its appellate jurisdiction dated 12th July, 2018, whereby the High Court allowed an appeal from the judgment of the Principal Magistrate (Hon. Yalwala).

[2] The appellant, Peter Bodo Okal and the respondent Philemon Juma Ojuok were among the several candidates who vied for the election for Kisumu County Member of County Assembly for Central Nyakach Ward in the Presidential, Parliamentary and County elections held on 8th August, 2017. The election results were announced by the Returning officer (3rd respondent) herein on the following day, 9th August, 2017 and the respondent was declared as duly elected Member of County Assembly having garnered 3, 321 votes against the appellant’s 3,235 votes.

[3] The appellant being aggrieved by the election results filed Election Petition No. 2 of 2017 before the Resident Magistrate’s Court at Kisumu seeking various reli…

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