GEORGE MIKE WANJOHI
V.
STEVEN KARIUKI & 2 OTHERS

JUDGMENT

A. INTRODUCTION

[1] This is an appeal against the Judgment of the Court of Appeal sitting in Nairobi, overruling the decision of the High Court sitting at Nairobi (Kimondo J.) in Election Petition No.2 of 2013, delivered on 13^th September, 2013. The decision of the Court of Appeal invalidated the election of the appellant as the duly-elected member of the National Assembly for Mathare Constituency.

B. BACKGROUND

[2] The genesis of this matter is the Mathare Constituency National Assembly Election held on `4^th March, 2013. On 6^th March, 2013 after the counting and tallying of votes, the Returning Officer, Millam Wanjiru Gachihi (3^rd respondent) announced Steven Kariuki (1^st respondent) as the duly-elected Member for Mathare Constituency, and issued him with a Certificate of Results (Form 38).

[3] On 7^th March, 2013 the appellant lodged at the Constitutional Division of the High Court in Nairobi a petition, George Mike Wanjohi v. Steven Kariuki and Others, High Court Petition No. 15…