ZACHARIA OKOTH OBADO V. EDWARD AKONG'O OYUGI, INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & JAIRUS OBAGA/COUNTY RETURNING OFFICER, MIGORI COUNTY

JUDGMENT

INTRODUCTION

[1] This is an appeal against the Judgment of the Court of Appeal sitting at Kisumu, dated 28^th March, 2014 in Civil Appeal No. 39 of 2013, which overruled the decision of the High Court sitting at Homa Bay in Election Petition No. 3 of 2013. The outcome of that decision was the invalidation of the election of the appellant, as the duly-elected Governor of Migori County.

[2] The appellant lodged his Petition of Appeal in this Court on 3rd April, 2014. His petition is premised upon several grounds, as follows:

(i) The learned Judges of Appeal erred in law and fact, as they interpreted and applied Articles 81 (a),(d),(e),86 and 38 of the Constitution, when they held that human fallibility (such as human fatigue and errors) is sufficient to vitiate an election, without considering the effect of those errors on election outcome, thus ignoring the provisions of Section 83 of the Elections Act.

(ii) The learned Judges erred and misdirected themselves in law and in fact, in …