JUDGMENT OF THE COURT
 What is before the Court is a Petition of Appeal dated 14th August, 2018 and filed on 17th August, 2018. The appeal is challenging the decision of the Court of Appeal, dated 12th July, 2018, which decision upheld the appeal by the 1st respondent and the 2nd respondent’s cross appeal, as a result setting aside the High Court Judgment dated 27th February, 2018 which had annulled the elections for Member of Parliament, Marakwet East Constituency.
B. LITIGATION BACKGROUND
(i) At the High Court
 In the election of 8th August, 2017 for Member of Parliament Marakwet East Constituency, David Bowen (the 1st 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 …