JUDGMENT OF THE COURT
[1] The electoral process in Kenya is anchored on Article 81 of the Constitution which states that citizens have a right to exercise their political rights by voting through a secret ballot in a free and fair election which ought to be administered in an impartial, neutral, efficient, accurate and accountable manner. This is one of the principles that an election court determining a petition questioning the propriety of the electoral process is required to apply.
[2] Following general elections held on the 8th August, 2017, Bowen David Kangogo (appellant) was declared the duly elected member of National Assembly for Marakwet East Constituency with 14,812 votes. His closest rival was Linah Jebii Kilimo who had 13,845 votes. Three other candidates, Mark Bowen, John Kiptoo Marimoi and Jonah Amatui Cherotich lagged behind with 1,116 votes, 387 votes, and 54 votes respectively.
[3] Sammy Kemboi Kipkeu (the 1st respondent herein), who was a registered voter in Marakwet Ea…