JUDGMENT OF THE COURT
[1] This is an appeal from the judgment and decree of the election court (Janet Mulwa, J.) dated 2nd March, 2018 dismissing the appellant’s election petition seeking the invalidation of the election of Enock Wamalwa Kibunguchy, (3rd respondent herein) as member of the National Assembly for Likuyani Constituency, Kakamega County. The broad grounds of the petition were that the election was not conducted in accordance with the Constitution and Elections Act and that it was marred with electoral irregularities.
[2] The appellant, and the 3rd respondent were among the twelve candidates who stood for the election which was held on 8th August, 2017.On 10th August, 2017, Enock Gichaba Otara, the Constituency Returning Officer (2nd respondent herein) declared the 3rd respondent as the duly elected member of the National Assembly having garnered 15,810 votes. The appellant was second having garnered 14,901 votes.
[3] It is not contested that the appellant filed a Notice of A…