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Walter Enock Nyambati Osebe v. Independent Electoral & Boundaries Commission,David Kiprono Towett & John Obiero Nyagarama

(2018) JELR 95290 (CA)

Court of Appeal  •  Election Petition Appeal 26 of 2018  •  26 Jul 2018  •  Kenya

Milton Stephen Asike Makhandia, Kathurima M'inoti, Stephen Gatembu Kairu




1. In a judgment delivered on 28th February 2018, the High Court at Nyamira (J.A. Makau, J) held that the 3rd respondent was validly declared by the 1st respondent hereinafter, Independent Electoral and Boundaries Commission (IEBC) as having been duly elected as the Governor of Nyamira County during the general elections held on 8th August 2017. The appellant, who had petitioned the High Court to nullify that election, has appealed to this Court to reverse the said decision of the High Court and to order IEBC to conduct a fresh election for the office of Governor of Nyamira County, in conformity with the Constitution and election laws and regulations.

2. The 3rd respondent has in turn applied, by an application dated 28th March 2018, to have this appeal struck out on the grounds that the notice of appeal as well as the memorandum and record of appeal are incompetent because the appellant did not file a notice of appeal in accordance with Rule 6 of the C…

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