CHRIS MUNGA N BICHAGE
V.
RICHARD NYAGAKA TONG'I & 2 OTHERS

JUDGMENT

A. INTRODUCTION

[1] The appellant filed his appeal to this Court pursuant to Article 163 (4) (a) of the Constitution of Kenya 2010, and Section 3 of the Supreme Court Act 2011 (Act No. 7 of 2011). The petition, dated 14^th May, 2014, is an appeal from the Judgment and Orders of the Court of Appeal at Kisumu, dated the 11^th December, 2013 in Civil Appeal No. 48 of 2013.

B.BACKGROUND

[2] The appellant, ran for the position of Member of National Assembly for Nyaribari Chache Constituency under the Orange Democratic Movement (ODM) ticket. He was declared to have won the election, conducted on 4^th March, 2013, with a total of 10,706 votes, as against the 1^st respondent, who came second, with 10,561 votes.

[3] On 8^th April, 2013, the 1^st respondent filed a petition, Richard Nyagaka Tong’i v. IEBC and 2 Others, Election Petition No. 5 of 2013, at the Election Court in Kisii. The appellant and the 2^nd and 3^rd respondents were the respondents in that matter. On 7^th October, 2013, the High C…