GEORGE MBOGO OCHILO AYACKO
V.
INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION & 2 OTHERS

JUDGMENT OF THE COURT

1. The appellant, George Mbogo Ochilo Ayacko, was an independent candidate, seeking election as governor, Migori County, during the general elections held on 8^th August 2017. Four other candidates vied for the same position including the 3^rd respondent, Zakaria Okoth Obado. After the elections, the 2^nd respondent, the county returning officer, declared results as follows: the 3^rd respondent, 201,369 votes; appellant, 113,773 votes; Gibagiri Chrispinus Weiria 3,419 votes; Ogallo Samson Owour, 1,532 votes and Okoth Otieno Jack, 1,234 votes. The 3^rd respondent was accordingly declared as the duly elected governor, Migori County.

2. The appellant was aggrieved. He contends that the 3^rd respondent was not validly declared as the winner of the election. He petitioned the High Court at Migori to nullify the election. In his petition, he complained that in breach of Articles 81 and 86 of the Constitution, the Elections Act, the Election Offences Act and the regulations, th…