JUDGMENT OF MUSINGA, J.A.
1. The appellant was one of the contestants for the seat of member of the National Assembly for Narok East Constituency, hereinafter referred to as “the constituency”. The 2nd respondent, who was the returning officer, declared the 1st respondent as the winner of the said election, having garnered 5,615 votes while the petitioner was said to have got 5,174 votes, the margin between them being 441 votes.
2. The appellant was dissatisfied with the declared results and filed a petition in the High Court of Kenya at Nakuru. In his petition, he averred, inter alia, that the 2nd and 3rd respondents, the presiding officers and the polling clerks working under them wilfully neglected or otherwise failed to discharge their duties as required under Article 86 of the Constitution of Kenya, 2010, hereinafter referred to as “the Constitution”, the Elections Act, 2011 and the Regulations and Rules made thereunder. The appellant alleged that the 1st respondent in apparent col…