JUDGMENT OF THE COURT
When the curtains fell after the elections for Member of the National Assembly for Ikolomani Constituency in Kakamega District on 8th August, 2017, Shinali Bernard Masaka (Masaka), the 2nd respondent, was declared the winner after garnering 15,731 votes. There were four other candidates but Butichi Khamisi (Khamisi), the appellant, came a close second having garnered 14,600 votes.
For several reasons, Khamisi was not satisfied with the result and challenged it before the High Court in Kakamega, sitting as an Election Court. His petition filed on 5th September, 2017 which enjoined, the Independent Electoral and Boundaries Commission (IEBC), the 1st respondent, Hudson Salenoi (Returning Officer), 3rd respondent, and Masaka, listed the transgressions as 'widespread use of force or violence by Masaka during election; undue influence and misuse of state resources by Masaka; election malpractices - including bias, discrimination, and special treatment of agents - on the …