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Pius Yattani Wario v. Independent Electoral and Boundaries Commission, Arnold Mutwiri Njabani, Ali Mohamud Mohamed & Noah Akala Oduwo

(2018) JELR 94486 (CA)

Court of Appeal  •  Election Petition Appeal 10 of 2018  •  22 Jun 2018  •  Kenya

Coram
Daniel Kiio Musinga, Patrick Omwenga Kiage, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

In the first general election under the Constitution of Kenya, 2010 held in March 2013, Ukur Yatani Kanacho (Kanacho), who is not a party to this appeal, was duly elected the first Governor of Marsabit County on an Orange Democratic Movement Party ticket. In the second general election held on 8th August 2017, he defended his seat on a Frontier Alliance Party ticket, against four other candidates, among them Ali Mohamud Mohamed, the 3rd respondent. At the conclusion of that election, the 2nd respondent, Arnold Mutwiri Njabani, who was the Marsabit County Returning Officer, declared the 3rd respondent to have been duly elected Governor of Marsabit County. The 3rd respondent was on 18th August 2017 gazzetted as the governor-elect and ultimately sworn into office. According to the return, the voter turnout was 78.33% of the registered voters. The candidates garnered votes as follows:

Candidate Political Party Votes

1. Adano Umuro Sora Kenya African National Union 6,262…

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