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Francis Amenya Ndubi v Independent Electoral & Boundaries Commission & 2 others [2018] KEHC 5194 (KLR)

[2018] KEHC 5194 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5194
Citation
[2018] KEHC 5194 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureAppeal from the judgment and decree of Hon. M. O. Wambani – CMCoramE. N. MAINA
Holding

The election for Member of the County Assembly, Ekerenyo Ward was conducted in accordance with the principles laid down in the Constitution and the Law, and the petition had no merit.

Facts

The Appellant was one of the candidates for Member of the County Assembly of Nyamira, Ekerenyo Ward in the general election held on 8th August 2017. The 3rd Respondent was declared the winner with 1,119 votes and the Appellant second with 1,116 votes.

Issues

  1. The validity of the election for Member of the County Assembly, Ekerenyo Ward
  2. The fairness and credibility of the election process

Reasoning

The election court found that the election was free, fair, and credible, and that any irregularities did not affect the result.

Outcome

The Appellant's appeal is dismissed with costs to the Respondents.

Orders

  • Costs to the Respondents capped at Kshs. 200,000/= for the 1st and 2nd Respondents and Kshs. 200,000/= for the 3rd Respondent.
  • Costs of the petition awarded to the Respondents capped at Kshs. 200,000/= for the 1st & 2nd Respondents and Kshs. 200,000/= for the 3rd Respondent.
  • No order for costs in respect of the appeals on costs.
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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