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Richard Ncharpi Leiyagu v. Independent Electoral Boundaries Commmission,Ismael Hashimi,Mathew Kipeme Lempurkel

(2013) JELR 96582 (CA)

Court of Appeal  •  Civil Appeal 18 of 2013  •  20 Aug 2013  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

[1.] RICHARD NCHARPI LEIYAGU, the appellant, contested for the position for the Member of the National Assembly for the Laikipia North Constituency during the General Elections of 4th March, 2013. MATHEW KIPEME LEMPURKEL, the 3rd respondent, was declared the elected Member of Parliament for Laikipia North Constituency and was duly gazetted by the INDEPENDENT ELECTORAL AND BOUNDARIES COMMMISSION, the 1st respondent, in the Kenya Gazette of 13th March, 2013. Aggrieved by the outcome of the said elections, on or about the 10th April, 2013, the petitioner (appellant) filed a petition before the High Court at Nyeri seeking for an order inter alia nullifying the election of the 3rd respondent as Member of Parliament for Laikipia North Constituency.

[2] The Petition was duly served upon the respondents, they filed their responses and a pretrial conference was held on the 22nd May, 2013, before Wakiaga, J., in the presence of all the parties. It was agreed that the hearing…

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