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Eliud Musikongo Tenge v Nyongesa Sospeter Erastus & 2 others [2018] KEMC 10 (KLR)

[2018] KEMC 10 (KLR) Magistrate's Courts
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Court
Magistrate's Courts
Case number
10
Citation
[2018] KEMC 10 (KLR)
Decided
2 March 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPosturePetitioner's appeal dismissedCoramJ.Kingori
Holding

The election was conducted in accordance with the Constitution and Elections Act, and the petitioner's claims are dismissed.

Facts

An election for the Member of County Assembly West Bukusu Ward was held, with Nyongesa Sospeter Erastus winning with 1,240 votes.

Issues

  1. election validity
  2. petitioner's challenge to the election results

Reasoning

The court found no evidence of irregularities or malpractices that would affect the election results, and the petitioner's claims were not proven.

Outcome

Petition dismissed

Orders

  • Reconstitute the tally from form 36B with correct tallies for all candidates
  • Gazette the right tally for the 1st Respondent
  • Issue a certificate of determination to the Speaker Bungoma County Assembly

Authorities cited

Legislation (2)
  • Elections Act
  • Constitution
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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