RULING
BACKGROUND
1. On the 4th day of March, 2013 Kenya successfully went through a general election for President and his deputy, Members of Parliament, County Governors, and County Representatives. The exercise was conducted by the 3rd respondent, the Independent Electoral and Boundaries Commission, which engaged Justus Naliakho (“2nd respondent”) as the Returning officer for North Mugirango constituency. Isaac Oerri Abiri (“the appellant”) and Samwel Nyanga'au Nyanchama, (“the 1st respondent”) participated in the election. They both contested the Itibo Ward seat in the Nyamira County Assembly (“the County Assembly”).
2. Following the election, the 2nd and 3rd respondents declared the 1st respondent as the duly elected member of the County Assembly, Itibo Ward, having garnered 3130 votes.The appellant was the runner-up having garnered 3043 votes.
3. The appellant challenged those results in Election Petition Number 3 of 2013 at the Chief Magistrate's Court at Nyamira. After a full hea…