<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>This is an appeal from the orders of the Election Court given on 16^th May 2013, 1^st July 2013, 2^nd July 2013 and from the judgment of the same court delivered on 13^th September 2013 in Election Petition No. EP 2 of 2013 at the High Court of Kenya at Nairobi the effect of which was to dismiss the appellant’s petition challenging the declaration of the 1^st respondent as the duly elected Member of the National Assembly representing Mathare Constituency in Nairobi County.</p><p class="ql-align-justify">Background</p><p>The appellant was one of ten candidates who contested to represent Mathare Constituency in the National Assembly during the General Elections held on 4^th March 2013.</p><p>On 6^th March 2013 at about 1:00 pm, after counting and tallying of votes was concluded, the 3^rd respondent, who was the Returning Officer for Mathare Constituency, announced at, the StTeresa’s Girls Primary School tallying Centre, that the appellant was duly elected as the Member of National Assembly for Mathare Constituency. Acc…</p>