Edward Tale Nabangi v James Lusweti Mukwe & 2 others [2018] KECA 437 (KLR)
- Court
- Court of Appeal
- Case number
- 437
- Citation
- [2018] KECA 437 (KLR)
- Decided
- 26 July 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection Petition AppealPostureAppeal from election court judgmentCoramE. M. Githinji, H. M. Okwengu, J. Mohammed
Holding
The appeal is allowed, the election results are set aside, and a fresh election is ordered.
Facts
The appellant and the 1st respondent were among seven candidates for National Assembly in Bungoma County. The 1st respondent was declared elected with 18,485 votes, while the appellant was the runner-up with 18,062 votes. The appellant alleged numerous irregularities in the electoral process.
Issues
- Validity of the election of the 1st respondent
- Inclusion of results from Bwake polling station
- Access to election materials and information
Reasoning
The court found that the election was not conducted in accordance with the Constitution and laws, and the results declared were invalid.
Outcome
Appeal allowed, election results set aside, fresh election ordered
Orders
- Judgment of election court set aside
- Fresh election for National Assembly in Kubuchai Constituency
- Certificate issued invalidating the election results
- Certificate invalidating the election of the 1st respondent
Remedies
- Costs to be shared equally by respondents
- Certificate of invalidation of election results
Authorities cited
Legislation (4)
- Constitution of Kenya 2010
- Elections Act, 2011
- Elections (General) Regulations, 2012
- Electoral Code of Conduct, 2017
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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