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Owino Paul Ongili Babu v Francis Wambugu Mureithi & 2 others [2018] KECA 554 (KLR)

[2018] KECA 554 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
554
Citation
[2018] KECA 554 (KLR)
Decided
8 June 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureAppeal from the High Court judgmentCoramM. WARSAME, D. K. MUSINGA, K. M’INOTI
Holding

The appeal is allowed, and the appellant is declared validly elected as member of the National Assembly for Embakasi East Constituency.

Facts

The appellant was declared the winner of the election for Embakasi East Constituency, while the 1st respondent alleged multiple electoral offences and irregularities.

Issues

  1. Irregularities in the election process
  2. Validity of the appellant's election

Reasoning

The court found several irregularities but concluded they did not affect the election result.

Outcome

Appeal allowed, election of appellant is set aside

Orders

  • Set aside the High Court's decision nullifying the appellant's election
  • Award costs to the appellant

Remedies

  • Award costs to the appellant

Authorities cited

Legislation (1)
  • Elections Act, 2011
Cases cited (1)
  • NATHIF JAMA ADAM v ABDIKHAIM OSMAN MOHAMED & 3 OTHERS [2014] eKLR
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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