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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

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 Appeal dated 10th September 2018 and filed on 11th September 2018 seeks the following specific orders, that:

i. This Petition of Appeal be allowed.

ii. The Judgment and Orders of the Court of Appeal delivered on the 9th August, 2018, be reversed and set aside in its entirety.

iii. The Petitioner’s appeal before the Court of Appeal be allowed as prayed and the Judgment, Decree and Orders of the High Court be reversed and set aside and substituted with the following orders:

(a) The judgment, decree and order of the Honourable Lady Justice Dorah O. Chepkwony delivered on 2nd March, 2018 in the Malindi Election Petition Number…

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