S.K. NJUGUNA & ANOTHER V. JOHN KIARIE WAWERU & ANOTHER

JUDGMENT OF THE COURT

This appeal arises from the judgment of the superior court (Kimaru, J) delivered at Nairobi on 12^th September, 2008 in which the learned Judge dismissed the Election Petition No. 13 of 2008 in which he ordered the 2^nd and 3^rd respondents (in the election petition) to pay the costs of the 1^st respondent. This appeal is against the order for costs.

In the superior court JOHN KIARIE WAWERU was the petitioner while BETH WAMBUI MUGO was the 1^st respondent, S.K. NJUGUNA the 2^nd respondent and Electoral Commission of Kenya the 3^rd respondent. After the General Elections conducted on 27^th December, 2007 Beth Mugo (2^nd respondent in this appeal) was declared the duly elected member of Parliament for Dagoretti Constituency. The results were announced by S.K. Njuguna who was the Returning Officer appointed by the defunct Electoral Commission of Kenya. John Kiarie Waweru (1^st respondent in this appeal) was one of the candidates for Dagoretti Constituency but was one of the lo…