ROZAAH AKINYI BUYU V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, HANSON NJUKI MUGO & JOHN OLAGO ALUOCH

JUDGEMENT OF THE COURT

This appeal arises from the Judgement of H. K. Chemitei, J, delivered on 4^th September, 2013 in the matter of the election for the member of National Assembly for Kisumu West Constituency. The 3^rd respondent, John Olago Aluoch, was declared by the 1^st respondent, Independent Electoral and Boundaries Commission, as the elected member of the National Assembly for the said constituency but that declaration was challenged by the appellant, Rozaah Akinyi Buyu, in the said election petition which the learned Judge found without merit and dismissed. Some 20 grounds of appeal were taken by the appellant in the Memorandum of Appeal drawn by her learned counsel, S. Musalia Mwenesi Advocate, and it is proposed that the appeal be allowed, the election of the 3^rd respondent be set aside and costs be awarded to the appellant.

The 1^st and 2^nd respondents being the electoral body and its Returning Officer, respectively, filed a joint cross appeal where 13 grounds of cross – appea…