SILVERSE LISAMULA ANAMI & ANOTHER V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, HENRY BAHATI LUMITI & JUSTUS GESITO MUGALI M'MBAYA

JUDGMENT OF THE COURT

On 8^th August, 2017, Kenya held its general elections. Amongst the positions to vie for was membership of National Assembly for Shinyalu Constituency. There were 7 candidates competing for this position. The poll outcome was as follows:

1. Justus Gesito Mugali M’Mbaya - 20,572

2. Silverse Lisamula Anami - 16,402

3. Adrian Mambili Meja - 9,813

4. Patrick Kamuneko Chungani - 2,299

5. George Muteshi Muruli - 1,101

6. Babetuu Inyamah Amutavy - 904

7. Richard Nahonzo Muchesia - 382

The appellant, SILVERSE LISAMULA ANAMI, was dissatisfied with the poll outcome. He filed an Election Petition dated 4^th September, 2017 at the High Court of Kenya at Kakamega. The INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC), HENRY BAHATI LUMITI and JUSTUS GESITO (herein the 1^st, 2^nd and 3^rd respondents respectively), were the 1^st, 2^nd & 3^rd respondents respectively in the petition. The hearing of the petition was conducted by Njagi, J. who in a judgment dated 19^th February, 2018 dismissed…