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JEREMIAH NYANGWARA MATOKE
V.
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC) & 2 OTHERS

(2018) JELR 101004 (CA)

Court of Appeal 18 Jul 2018 Kenya
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Case Details

Suit Number:Election Petition Appeal 34 of 2018
Judges:Erastus Mwaniki Githinji JA Hannah Magondi Okwengu JA Jamila Mohammed JA
Location:Kisumu
Other Citations:Jeremiah Nyangwara Matoke v. Independent Electoral and Boundaries Commission (IEBC) & 2 others [2018] eKLR

JUDGMENT OF THE COURT

[1] In the general elections that were held on 8th August 2017, the appellant, Jeremiah Nyangwara Matoke contested as a candidate for election as Member of National Assembly for Bomachoge Constituency. Following the elections that had attracted fifteen contestants, the Returning Officer of Bomachoge Constituency (2nd Respondent) declared the 3rd respondent Alfa Miruka Ondieki the duly elected candidate having garnered 19,711 votes. The appellant was the closest contender with 4,356 votes.

[2] The appellant who was dissatisfied with the outcome of the election, filed a petition, alleging that there were two sets of results, and that there were irregularities in the statutory Form 34As including, forms not having been signed by the presiding officers or deputy presiding officers and agents, alterations on forms that were not countersigned, forms lacking security features and stamps of the Independent Electoral And Boundaries Commission the (1st respondent) and incorr…

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