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

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] What is before the Court is a Petition of Appeal dated 14^th August, 2018 and filed on 17^th August, 2018. The appeal is challenging the decision of the Court of Appeal, dated 12^th July, 2018, which decision upheld the appeal by the 1^st respondent and the 2^nd respondent’s cross appeal, as a result setting aside the High Court Judgment dated 27^th February, 2018 which had annulled the elections for Member of Parliament, Marakwet East Constituency.

B. LITIGATION BACKGROUND

(i) At the High Court

[2] In the election of 8^th August, 2017 for Member of Parliament Marakwet East Constituency, David Bowen (the 1^st respondent), was declared the winner after garnering 14,812 votes against his closest rival Linah Jebii Kilimo tally of 13,845 votes. The petitioner, a registered voter in Sambalat Primary School within the Constituency, was dissatisfied with the result and instituted petition Sammy Kemboi Kipkeu v. Independent Electoral and Boundaries Commission and …