ZEBEDEO JOHN OPORE V. INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION, DAVID K. CHEROP (RETURNING OFFICER - BONCHARI) & JOHN OROO OYIOKA

JUDGMENT OF THE COURT

Zebedeo John Opore “the appellant” was among the 11 contestants for the seat of Member of the National Assembly for Bonchari Constituency in the national elections held on the 8^th of August, 2017. When the results were tallied, counted and announced, each of the 11 candidates who participated garnered the following votes;

(i) Omwanwa Dennis Mogire - 75

(ii) Mogaka Charles Ndege - 226

(iii) Atancha Jeremiah - 256

(iv) Ratemo Mary Kemunto - 350

(v) Kiari Asiago Samwel - 425

(vi) Oyugi David Ogega - 1,327

(vii) Nyagaga John Moenga - 1,443

(viii) Onyancha Charles - 6,035

(ix) Momanyi John Billy - 7,028

(x) Opore Zebedeo John - 9,281

(xi) Oyioka John Oroo - 11,934

Accordingly, John Oroo Oyioka “the 3^rd respondent” was declared the duly elected member of the National Assembly for Bonchari Constituency and was subsequently gazetted as such vide Kenya Gazette Notice No. 8239 published on 22^nd August 2017. Convinced that he had not properly and lawfully lost the election to the 3^rd re…