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Philip Osore Ogutu v. Michael Onyura Aringo, Indipendent Electoral & Bounderies Commission (I.E.B.C.) & Returning Officer

(2014) JELR 96739 (CA)

Court of Appeal  •  Civil Appeal 38 of 2013  •  21 Feb 2014  •  Kenya

Coram
John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGEMENT OF THE COURT

This is an appeal against the judgment of the Election Court (Tuiyot, J.) delivered on 9th September, 2013 dismissing, with costs, the election petition lodged by Philip Osore Ogutu (hereafter “the appellant”) seeking to nullify the election of Michael Onyura Aringo (hereafter “the 1st respondent”) as the Member of National Assembly for Butula Constituency. The election was conducted by the Independent Electoral and Boundaries Commission (hereinafter “I.E.B.C.”) which appointed a Returning Officer (hereinafter “the Returning Officer”) to conduct and manage the election of 4th March, 2013 for Butula Constituency (hereinafter “The Constituency”).

The 1st respondent was declared the winner of the National Assembly election for the said Constituency after garnering 12,325 votes and was gazetted as the winner. There were seven candidates in all. The respective votes obtained by each of the candidates is tabulated below:-

“1.Michael Aringo Onyura - 12,325

2. Joseph Maero …

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