SILVERSE LISAMULA ANAMI V. INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION, HENRY BAHATI LUMITI€”RETURNING OFFICER SHINYALU CONSTITUENCY & JUSTUS GESITO MUGALI M'MBAYA

JUDGMENT OF THE COURT

A. INTRODUCTION

1. The Petitioner moves this Court under Article 163(4)(a) of the Constitution and Rule 31(1) of the Supreme Court Rules, 2012 challenging the decision of the Court of Appeal dated 19^th July, 2018 which dismissed his appeal thereby affirming the election of the 3^rd Respondent as the Member of the National Assembly for Shinyalu Constituency.

B. BACKGROUND

2. The Petitioner was a contestant for the position of Member of the National Assembly for Shinyalu Constituency during the election held on 8^th August, 2017. The 3^rd Respondent, also a candidate in the said election, was declared the winner having garnered 20,572 votes against the Petitioner’s 16,402 votes. Another contestant, Adrian Mambili Meja, came third with 9,813 votes. The Petitioner and Adrian Mambili Meja were both dissatisfied with that declaration. Accordingly, they filed separate petitions at the High Court, Election Petition No. 1 of 2017 and Election Petition No. 4 of 2017, respectively…