HUSSEIN ABSHIRO HERIN & 22 ORS
V.
INDEPENDENT ELECTRAL AND BOUNDARIES COMMISSION & 2 ORS

JUDGMENT OF THE COURT

1. In this appeal, the appellants have challenged the judgment of the High Court at Nairobi (H. Ong’udi, J) delivered on 27^th February 2018 upholding the election of Bashir Sheikh Abdullahi, the 3^rd respondent, as the duly elected Member of National Assembly for Mandera North Constituency following the general elections held on 8^th August 2017.

Background

2. Five candidates contested for the position of Member of National Assembly for Mandera North Constituency during the 8^th August 2017 general elections. Following that election, the 2^nd respondent, the Independent Electoral and Boundaries Commission (IEBC) declared the 3^rd respondent, as the duly elected Member of National Assembly for Mandera North Constituency with 24,999 votes. Mohammed Ibrahim Abdi was second with 14,363 votes. Abdullahi Mohammed Ahmed was third with 20 votes. Abdi Ali Mohammed was fourth with 11 votes. Last, with the least number of votes, was the 1^st appellant in this appeal, Hussein Abshiro…