JUDGMENT OF THE COURT
[1] This is an appeal against the judgment of the Election Court at Mombasa regarding the election of the Member of the National Assembly for Nyali constituency during the General Elections held on 8th August, 2017. After the said elections were concluded, Mohamed Ali Mohamed (1st respondent) was declared duly elected Member of the National Assembly by one Mwanajuma Gandani (2nd respondent), being the returning officer of the Independent Electoral and Boundaries Commission (IEBC) (“the 3rd respondent”). The seat was hotly contested by no less than 10 candidates and each scored as follows;-
1. Mohamed Ali Mohamed 26,798
2. Said Abdalla Salim 16,798
3. Ashraf Hassan Awadh Bayusuf 10,121
4. John Charles Mcharo 3,409
5. Kelvin Kwena LunanI 1,566
6. Chrispus Waithaka Macharia 1,022
7. Milicent L. Atieno Othiambo 651
8. Simon Othiambo Adalla 412
9. Ferdinard Katana C. Mwarandu 341
10. Geofrey Ochieng Ouma 335
TOTAL 61,128
Being dissatisfied with the said declaration of the 1st resp…