JUDGMENT OF THE COURT
Following the National Assembly and Presidential Elections held in Kenya on 27th December, 2007, Clement Kung’u Waibara, the appellant, was declared as the successful candidate for the Gatundu North Constituency, by Charles Mararo Njoroge, the 2nd respondent, who was the Returning Officer for the constituency in the aforesaid elections, and was later gazetted as the duly elected representative for the above Constituency, by the Electoral Commission of Kenya. He was later sworn in as a Member of Parliament for the Gatundu North Constituency by the Speaker of the National Assembly and has hitherto served as the Member of Parliament for that Constituency.
By an Election Petition filed in the Central Registry of the High Court, in Nairobi on 24th January, 2008, Peter Kamau Njeri, a voter in the said Constituency challenged the appellant’s election on the following grounds:
“(1) The appellant was not sufficiently proficient in the English and Swahili languages to enable …