JUDGMENT OF THE COURT
A. INTRODUCTION
[1] This is an appeal from the Judgment of the Court of Appeal dated 31 July 2018, in Election Petition No. 20 of 2018, which set aside the Judgment and decree of the High Court at Kiambu, by Mr. Justice Ngugi, dated 1 March 2018. The outcome upheld the 1st respondent as the duly elected Member of the National Assembly for Gatundu North Constituency.
B. BACKGROUND
[2] Following the 10 August 2017 General Elections, the 1st respondent was declared to be the winner, having garnered 39, 447 votes. There were 7 contestants in this election. The petitioner came second with 9,314 votes. He challenged the election before the High Court, as he was dissatisfied with the outcome. He believed there had been widespread irregularities in the tallying and tabulation of results, and that this was in breach of Articles 81 and 86 of the Constitution.
[3] The petitioner sought the following Orders in the High Court:
(i) a declaration that the 1st respondent was not valid…