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Sammy Kemboi Kipkeu v. Bowen David Kangogo, Independent Electoral and Boundaries Commission (IEBC) & Martin Kituyi Wekesa – (Returning Officer Marakwet East Constituency)

(2019) JELR 96711 (SC)

Supreme Court  •  Petition 23 of 2018  •  18 Jan 2019  •  Kenya

David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu




[1] 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.


(i) At the High Court

[2] 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 …

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