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CYPRIAN AWITI & ANOR
V.
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & 3 ORS

(2018) JELR 97926 (CA)

Court of Appeal 19 Jul 2018 Kenya
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Case Details

Suit Number:Election Petition Appeal 5 of 2018
Judges:Philip Nyamu Waki, James Otieno Odek, Fatuma sichale
Location:Kisumu
Other Citations:Cyprian Awiti & another v. Independent Electoral and Boundaries Commission & 3 others [2018] eKLR

JUDGMENT OF THE COURT

1. This election petition invokes the appellate jurisdiction of this Court on practical and evidentiary matters of law. The dispute is on probative value of documentary evidence and the binding nature of scrutiny and recount report of the Deputy Registrar prepared pursuant to a court order. In this appeal, the contestation is not about events occurring on the polling day but alleged happenings between the close of the polling stations and the declaration of final results. Of significance are the alleged irregularities and illegalities between the declaration of final result and security of election material. The contestations revolve on collation, tallying and verification of the election result and whether the declared result is what was captured and reflected at the polling station. The dispute also turns on security of the contents of the ballot boxes between declaration of results and recount and scrutiny as ordered by the trial court.

2. This appeal brings int…

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