Karua v Independent Electoral & Boundaries Commission & 3 others (Civil Appeal 12 of 2018) [2018] KECA 41 (KLR) (20 December 2018) (Judgment)

Facts

The appellant sought a declaration that the election for the position of Governor, Kirinyaga County held on 8th August 2017 was not free, fair and verifiable and is therefore void and invalid; a declaration that the 3rd respondent was not duly elected as the Governor of Kirinyaga County and that the declaration by the 1st respondent to that effect is null and void; an order for fresh election of Governor of Kirinyaga County to be held; and for a declaration that the 3rd respondent is not fit to contest in that election.

Issues

1. whether the appeal is properly before the Court in light of Section 85A of the Elections Act
2. whether the appellant's right to fair trial was violated by the election court
3. whether the appellant established, to the required standard, that the election for the position of governor, Kirinyaga County, was not conducted in accordance with the Constitution, the Elections Act and the Regulations
4. whether the election court erred in its award of costs

Reasoning

The Court of Appeal considered the appeal and the submissions. It held that the appeal is properly before the Court in light of Section 85A of the Elections Act and that the appellant's right to fair trial was not violated by the election court.

Outcome

Appeal dismissed

Authorities cited