EVANS ODHIAMBO KIDERO & 4 ORS
V.
FERDINAND NDUNGU WAITITU & 4 ORS

JUDGMENT

A. INTRODUCTION

[1] This is an appeal against the Judgment of the Court of Appeal sitting in Nairobi, delivered on 13^th May, 2014 in Civil Appeal No. 324 of 2013, overruling the decision of the High Court sitting at Nairobi (Mwongo J.), in Election Petition No.1 of 2013.The Court of Appeal decision invalidated the election of the 1^st and 2^ndappellants as the duly-elected Governor and Deputy Governor of Nairobi County.

B. BACKGROUND

Proceedings in the High Court

[2] The 1^st appellant was declared the duly-elected Governor of Nairobi County following the gubernatorial elections held on 4^th March, 2013. He received a total of 692, 483 votes. The 1^st respondent, whocamesecond with a total of 617, 839 votes,subsequently filed Election Petition No. 1 of 2013 at the High Courtat Nairobi,dated 11^th March, 2013,challenging the election of the 1^st appellant.

[3] The petition was filed before Judges of election Courts had been duly designated and gazetted;hence it was initially heard at the C…