TIMAMY ISSA ABDALLA V. SWALEH SALIM SWALEH IMU, FAHIM YASIN TWAHA, INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & SILVANO BUKO BONAYA

JUDGMENT OF THE COURT

Introduction

[1] The Appellant Timamy Issa Abdalla was declared governor of Lamu County following the General Elections held on 4^th March 2013. Swaleh Salim Swaleh Imu and Fahim Yasin Twaha, 1^st and 2^nd 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 3^rd and 4^th respondent to this appeal (hereinafter referred to as IEBC and 4^th 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 20^th August 2013 the election court allowed the 2^nd Respondent's application for scrutiny in respect of 6 polling stations. Invoking section 82 of the Ele…