ISAAC OERRI ABIRI
V.
SAMWEL NYANG'AU NYANCHAMA & 2 OTHERS

RULING

BACKGROUND

1. On the 4^th 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 3^rd respondent, the Independent Electoral and Boundaries Commission, which engaged Justus Naliakho (“2^nd respondent”) as the Returning officer for North Mugirango constituency. Isaac Oerri Abiri (“the appellant”) and Samwel Nyanga'au Nyanchama, (“the 1^st 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 2^nd and 3^rd respondents declared the 1^st 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…