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) (the…