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ARTHUR KIBIRA APUNGU
V.
INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION & 2 OTHERS

(2014) JELR 106014 (CA)

Court of Appeal 2 May 2014 Kenya
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Case Details

Suit Number:Civil Appeal 53 of 2013
Judges:Erastus Mwaniki Githinji, George Benedict Maina Kariuki, William Ouko
Location:Nairobi
Other Citations:Arthur Kibira Apungu v. Independent Electoral & Boundaries Commission & 2 others [2014] eKLR

JUDGMENT OF THE COURT

The March 4, 2013 National Assembly election in Luanda Constituency attracted ten contestants, including the 3rd respondent (Christopher Omulele, the Member of Parliament), the 1st appellant, (Arthur Kibira Apungu) and Julius S. Ochiel, (the 2nd appellant), whose appeal was withdrawn before the hearing of this appeal, with the only issue remaining for determination in this judgment being that of costs. We shall, in the circumstances be referring to the 1st appellant simply as the appellant and to the 2nd appellant only where appropriate.

At the conclusion of the exercise the Returning Officer (the 2nd respondent) announced the following results:-

Christopher Omulele - 8,762

Arthur Kibira Apungu - 6,588

Khalid Njiraini Tianga - 5,202

Julius Abraham Sikalo Ochiel - 4,293

Tom Oscar Alwaka - 2,404

Caroline Alosa Angote - 955

Julius Okola Anjimbi - 595

Daniel Oteno Ndale - 312

Otundo Kennedy Kweya - 161

Aggrey Tiema Kulali - 113,

and declared the 3rd respondent the duly elected me…

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