JUDGMENT OF THE COURT
The last National Assembly and Presidential Elections were held on 27th December, 2002. Nominations of candidates for the same elections were carried out on 25th November, 2002. The elections were conducted by the Electoral Commission of Kenya, which is the second appellant in this appeal. It appointed the first appellant, Ali Omar, as the Returning Officer for Magarini Constituency in the Coast Province of Kenya. The first respondent, Julius Daraka Mbuzi, the second respondent, Harrison Garama Kombe and five others were duly and validly nominated as parliamentary candidates for the elections for Magarini Constituency. The second appellant prepared the ballot papers for the same elections and particularly in respect of Magarini Constituency parliamentary elections. On 26th December, 2002, the record shows, and it is agreed by all parties to this appeal, that the same ballot papers in respect of Magarini Constituency indicated that the party symbol assigned to the …