Washington Jakoyo Midiwo v Independent Electoral Boundaries Commission & 2 others [2018] KEHC 8475 (KLR)

Facts

The petitioner contests the election results of the Member of the National Assembly for Gem Constituency, alleging that the election was not free, fair, transparent, and impartial.

Issues

1. Whether the election was free, fair, transparent, impartial and accountable.
2. Whether the votes were counted, tabulated, tallied and announced in accordance with the Constitution, Elections Act and regulations.
3. Whether the transmission of results from polling stations to the Constituency Tallying Center was conducted in accordance with the law and affected the result.
4. Whether there were illegalities and irregularities in the conduct of the election.
5. Whether the 3rd Respondent was validly declared as the winner.
6. Who bears the costs of the petition.

Reasoning

The court must be convinced that the election was not conducted in accordance with the principles laid down in the Constitution and the law or that it was beset by irregularities affecting the results. The burden of proof lies with the petitioner.

Outcome

Petition dismissed

Authorities cited