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SAID HEMED SAID v. EMMANUEL KARISA MAITHA & HOTHAM NYONGE

(2000) JELR 93968 (CA)

Court of Appeal  •  civ app 237 of 99[1]  •  17 Mar 2000  •  Kenya

Coram
Amrittal Bhagwanji Shah

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT MOMBASA

(Coram: Gicheru, Akiwumi and Shah, JJ.A.) CIVIL APPEAL NO. 237 OF 1999 BETWEEN

SAID HEMED SAID.........................................APPELLANT

AND

EMMANUEL KARISA MAITHA..............................1ST RESPONDENT

HOTHAM NYANGE.......................................2ND RESPONDENT

JUDGMENT OF SHAH, J.A.

On 18th March, 1999 the superior court (Hayanga, J.) allowed the appellant's application for scrutiny and recount of votes cast at the Parliamentary election held in the Kisauni Constituency on 29th December, 1997. The appellant was the unsuccessful candidate whilst the first respondent was declared to be the successful candidate at the said election by the Returning Officer, Mr. Hotham Nyange, who is the second respondent before this Court. The appellant is Said Hemed Said whilst the first respondent is Emmanual Karisa Maitha.The said election was held under the provisions of the National Assembly and Presidential Elections Act (Cap 7) (theā€¦

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