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Philip Kyalo Kituti Kaloki v. Independent Electoral and Boundaries Commission, Returning Officer (Kibwezi East Constituency) & Jessica Nduku Kiko Mbalu

(2018) JELR 94123 (CA)

Court of Appeal  •  Election Petition 25 of 2018  •  8 Jun 2018  •  Kenya

Coram
Mohammed Abdullahi Warsame, James Otieno Odek, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This contest is between Professor Philip Kyalo Kituti Kaloki (appellant) and Jessica Nduku Kiko Mbalu (3rd respondent). The appellant is a distinguished professor in business administration. He is also a trade and business consultant, born in 1950.

The 3rd respondent is equally pursuing a PhD in Strategic Management at the University of Nairobi but so far unable to complete due to political commitments. In line with the alleged norm that no man shall disclose the age of a lady, we will not go there. For a professor like the appellant to abandon class and books for politics is an act of political bravery and like most brave acts, it left the Professor unguarded and alone. To seek a political office while risking the comfort of being a professor portends a clear, immediate and absolute danger with financial and psychiatric consequences. As we all know professors have ultra-meticulous taste for perfection. The dress, mind and manner of a professor reflects a sense of …

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