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Timamy Issa Abdalla v. Independent Electoral and Boundaries Commission, Adan Ali Mohamed, Fahim Yasin Twaha & Abdulhakim Aboud Bwana

(2019) JELR 93530 (SC)

Supreme Court  •  Petition 34 of 2018  •  6 Feb 2019  •  Kenya

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

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA

(Coram: Maraga CJ and P, Ibrahim, Ojwang, Wanjala, Njoki and Lenaola, SCJJ)

PETITION NO. 34 OF 2018

BETWEEN

TIMAMY ISSA ABDALLA...........................PETITIONER

AND

INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION..................1ST RESPONDENT

ADAN ALI MOHAMED.............................2ND RESPONDENT

FAHIM YASIN TWAHA.............................3RD RESPONDENT

ABDULHAKIM ABOUD BWANA........... 4TH RESPONDENT

(Being an Appeal from Judgment of the Court of Appeal (Visram, Karanja and Koome, JJA) at Malindi delivered on 9th August, 2018 in Election Petition Appeal No. 4 of 2018)

JUDGMENT

I. INTRODUCTION

[1] This is an appeal against the decision of the Court of Appeal at Malindi, dated 9th August, 2018, that dismissed the Appellant’s appeal except in relation to costs thereby upholding the High Court decision that dismissed the Appellant’s Petition, hence upheld the election of the 3rd Respondent as the Governor of Lamu County.

[2] The Petition of A…

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