DENNIS MAGARE MAKORI & ANOTHER
V.
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & 3 OTHERS

JUDGMENT OF THE COURT

1. In the contest for the position of Member of National Assembly in South Mugirango Constituency in Kisii County, which culminated in the election of 8^th August 2017, the appellants, Denis Magare Makori (the 1^st appellant) and Samson Bichanga (the 2^nd appellant), as well as the 3^rd Respondent, Silvanus Osoro Onyiego, were candidates. They emerged the top three candidates with the Independent Electoral Boundaries and Boundaries Commission (IEBC), the 1^st respondent herein, declaring the results as follows:

Silvanus Osoro Onyiego 11,168

Denis Magare Makori 10,434

Samson Bichanga 7,074

2. Wilson Kimutai Kipchumba, the 2^nd respondent, who was the returning officer appointed by the 1^st respondent to conduct the election in South Mugirango Constituency, declared the results and issued the 3^rd respondent with a certificate confirming that he had been duly elected as the Member of National Assembly for South Mugirango Constituency.

3. During the elections, Jacob Mbicha Mogere…