JUDGMENT OF GITHINJI, JA
BACKGROUND
[1] This is an appeal from the judgment and decree of the election court (F.W. Cherere, J) dated 1st March 2018 invalidating the election of the appellant as a Member of National Assembly for Ugenya Constituency in Siaya County.
[2] On 8th August, 2017, nationwide multiple elections were held for the election for six positions of President, Members of National Assembly, Members of the Senate, Women Representative in the national Assembly, Governors, and County Executive members.
His Excellency Hon.Uhuru Kenyata and Hon. Raila Odinga amongst others were the candidates for the position of the President of the Republic of Kenya. The former was the incumbent and was sponsored by Jubilee Party. The latter was sponsored by Orange Democratic Movement Party (ODM), one of the opposition parties affiliated to National Super Alliance (NASA), an umbrella body of various opposition parties.
[3] The 1st respondent, David Ouma Ochieng was elected as Member of the Natio…