SAMMY KEMBOI KIPKEU V. BOWEN DAVID KANGOGO, INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & MARTIN KITUYI WEKESA, RETURNING OFFICER MARAKWET EAST CONSTITUENCY

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA

(Coram: Ibrahim, Ojwang, Wanjala, Njoki and Lenaola SCJJ)

PETITION NO. 23 OF 2018

BETWEEN

SAMMY KEMBOI KIPKEU ........................................................................................APPELLANT

AND

BOWEN DAVID KANGOGO .............................................................................1^ST RESPONDENT

INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION........2^ND RESPONDENT

MARTIN KITUYI WEKESA, RETURNING OFFICER MARAKWET EAST

CONSTITUENCY ..............................................................................................3^RD RESPONDENT

RULING

[1] Following the 8^th August, 2017 General Elections, the 1^st Respondent was declared the duly elected Member of the National Assembly for Marakwet East Constituency. The Appellant/Applicant, a registered voter within the constituency, was aggrieved by that declaration and challenged the election results by filing an Election Petition in the High Court citing several infractions, ill…