TIMAMY ISSA ABDALLA V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, ADAN ALI MOHAMED, FAHIM YASIN TWAHA & ABDULHAKIM ABOUD BWANA

JUDGMENT OF THE COURT

Introduction:

1. This is an appeal against the judgment of the Election Court (Chepkwony, J.) dated 2^nd March, 2018 wherein Timmay Issa Abdalla’s (the appellant) petition challenging the election of Fahim Yasin Twaha (the 3^rd respondent) and Abdulhakim Aboud Bwana (the 4^th respondent) as the Governor and Deputy Governor of the County of Lamu respectively was dismissed.

2. Mr. Aboubakar and Mr. Odera, learned counsel appeared for the appellant, Mr. Munyu appeared for the Independent Electoral and Boundaries Commission (the 1^st respondent), and Adan Ali Mohammed (the 2^nd respondent) while Mr. Kilonzo appeared for the 3^rd and 4^th respondents.

3. Before the appeal was heard, an application dated 23^rd April, 2018 was filed at the instance of the 3^rd and 4^th respondents basically challenging the competency of the said appeal. Following this Court’s directions, both the application and the appeal were canvassed together. Thus, we deem it appropriate to first deal with the a…