John Mugambi Angaine v Indepedent Electoral and Boundaries Commission, Wario Ibrahim Ali R/O Buuri Constituency & Rindikiri Mugambi Murwithania [2018] KEHC 8538 (KLR)
- Court
- High Court of Kenya
- Case number
- 8538
- Citation
- [2018] KEHC 8538 (KLR)
The court found that the elections were not conducted in accordance with the Constitution of Kenya, the Elections Act, and Regulations, and that there were irregularities in the conduct of the elections.
Facts
The election for Member of National Assembly for Buuri Constituency was held on 8th August 2017. The 3rd Respondent, Rindikiri Mugambi Murwithania, was declared the winner with 17,480 valid votes. The petitioner, John Mugambi Angaine, contested the election and filed a petition alleging irregularities.
Issues
- Whether the elections were conducted in accordance with the Constitution of Kenya, the Elections Act, and Regulations.
- Whether there was undue or improper influence, corruption, and irregularities in the conduct of elections.
- Whether the 3rd Respondent was validly elected as Member of National Assembly for Buuri Constituency.
- Whether the results in Forms 35 As tallied with the results collated in Form 35 B JMA 4 used to declare results.
- Who should bear the costs of the petition.
Reasoning
The court determined that the data entered into KIEMS kits was not consistent with the information from Forms 35 A, indicating irregularities in the election process.
Outcome
The court found in favor of the petitioner and declared the election invalid.
Orders
- The court ordered a scrutiny and recount exercise on 8th February 2018.
- The court declared the election invalid and ordered a new election to be held.
Remedies
- The court ordered a new election to be held.
Authorities cited
Legislation (3)
- Constitution of Kenya
- Elections Act
- IEBC Act
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