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Peter Gichuki King'ara v. Independent Electoral and Boundaries Commission, James Mbai & Mary Wambui Munene

(2014) JELR 96422 (CA)

Court of Appeal  •  Civil Appeal 31 of 2013  •  13 Feb 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from the judgment of Ngaah, J. of 12th September, 2013, in High Court Election Petition No. 3 of 2013. Peter Gichuki King'ara, the appellant, contested for the Member of the National Assembly seat of Othaya Constituency during the 4th March, 2013, general elections. The central issue that is cross cutting the entire appeal is whether the learned trial Judge properly exercised his discretion in declining to order scrutiny and recount of the ballots cast for Member of the National Assembly for Othaya Constituency during the 4th March 2013 elections. It is trite that exercise of judicial discretion is a point of law.

[2] There were a total of 9 candidates who offered themselves for the same seat. After the elections, the Independent Electoral and Boundaries Commission, the 1st Respondent through its agent, James Mbai the 2nd Respondent who was the Returning Officer declared the following results:

Candidate's Name Number of Votes

a) David Kimengere …

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