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Timamy Issa Abdalla v. Swaleh Salim Swaleh Imu, Fahim Yasin Twaha, Independent Electoral And Boundaries Commission & Silvano Buko Bonaya

(2014) JELR 96453 (CA)

Court of Appeal  •  Civil Appeal 36 of 2013  •  13 Jan 2014  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

Introduction

[1] The Appellant Timamy Issa Abdalla was declared governor of Lamu County following the General Elections held on 4th March 2013. Swaleh Salim Swaleh Imu and Fahim Yasin Twaha, 1st and 2nd Respondents who had also vied for the same position, separately challenged the appellant’s election in Election Petition No 4 of 2013 and Election Petition No 5 of 2013 respectively, filed in the High Court at Malindi (sitting as election court). The respondents in the petitions were the Independent Electoral and Boundaries Commission (IEBC), Silvano Buko Bonaya, now the 3rd and 4th respondent to this appeal (hereinafter referred to as IEBC and 4th respondents respectively), and the appellant. Pursuant to an order made by the election court (Muchemi J), the two petitions were consolidated and heard together.

[2] On 20th August 2013 the election court allowed the 2nd Respondent's application for scrutiny in respect of 6 polling stations. Invoking section 82 of the Ele…

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