TITUS KIONDO MUYA V. PETER NJOROGE BAIYA & 2 OTHERS

JUDGMENT OF THE COURT

The appellant, TITUS KIONDO MUYA, was one of the candidates in the Parliamentary Elections for the National Assembly seat for Githunguri Constituency held on 27^th December, 2007 under the National Assembly and Presidential Elections Act (Cap 7 Laws of Kenya), (hereinafter “the Act) and the Presidential and Parliamentary Elections Regulations (hereinafter “the Regulations”). The appellant lost the election to the 1^st respondent, PETER NJOROGE BAIYA, who was declared the winner by the 3^rd respondent, the Electoral Commission of Kenya (ECK).

Being aggrieved by the results declared as stated above, the appellant filed a petition which was presented at the High Court Registry on 28^th January, 2008 challenging the election results. The appellant sought the Election Court to declare the election of 1^st respondent null and void.

In reaction to that petition, the 1^st respondent filed an application dated 21^st February, 2008 under Sections 20(1) and 23(2) of the National Asse…