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

(2018) JELR 94929 (CA)

Court of Appeal  •  Election Petition Appeal 8 of 2018  •  8 Jun 2018  •  Kenya

Coram
Mohammed Abdullahi Warsame, William Ouko, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. This is an appeal from the judgment of the High Court at Machakos (Muchelule, J) delivered on 9th February 2018 dismissing the appellants? election petition seeking the nullification of a declaration by the 1st and 2nd respondents that the 3rd respondent was duly elected the governor of Machakos County in the general elections held on 8th 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 8th August 2017, four candidates vied for the position of governor, Machakos County (the County). The candidates were the 1st appellant, Wavinya Ndeti (with the 2nd appellant, Peter Mathuki, as a running mate for the position of deputy governor), the 3rd respondent, Alfred Nganga Mutua, Jeremiah Muia Lemi and Bernard Tom Kiala Muia. At the end of the election, the 2nd respondent (the county returning offic…

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