Wavinya Ndeti & Peter Mathuki v. Independent Electoral and Boundaries Commission, County Returning Officer & Alfred Nganga Mutua

JUDGMENT OF THE COURT

1. This is an appeal from the judgment of the High Court at Machakos (Muchelule, J) delivered on 9^th February 2018 dismissing the appellants? election petition seeking the nullification of a declaration by the 1^st and 2^nd respondents that the 3^rd respondent was duly elected the governor of Machakos County in the general elections held on 8^th August 2017. The central question in the appeal is whether the election court erred in concluding that the election was conducted in accordance with constitutional principles.

Background

2. During the general elections held on 8^th August 2017, four candidates vied for the position of governor, Machakos County (the County). The candidates were the 1^st appellant, Wavinya Ndeti (with the 2^nd appellant, Peter Mathuki, as a running mate for the position of deputy governor), the 3^rd respondent, Alfred Nganga Mutua, Jeremiah Muia Lemi and Bernard Tom Kiala Muia. At the end of the election, the 2^nd respondent (the county returning offic…