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JOEL MAKORI ONSANDO & ANOTHER
V.
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & 5 OTHERS

(2018) JELR 97766 (CA)

Court of Appeal 26 Jul 2018 Kenya
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Case Details

Suit Number:Election Petition Appeal 17 of 2018
Judges:Milton Stephen Asike Makhandia JA Kathurima M'inoti JA Stephen Gatembu Kairu JA
Location:Kisumu
Other Citations:Joel Makori Onsando & another v. Independent Electoral and Boundaries Commission & 5 others [2018] eKLR

JUDGMENT OF THE COURT

On 8th August 2017, the registered voters in County No. 45, Kisii County, joined other Kenyans in a general election that would ultimately determine their President, Governor, Senator, Members of the National Assembly, Woman Representatives in the National Assembly, and Members of the County Assembly, for the next five years. Contesting the office of Governor in the County were seven candidates, who, the 1st respondent, the Independent Electoral and Boundaries Commission (the IEBC) declared to have garnered votes as follows:

Bagwasi Charles Maranga - 4,542

Mogeni Kepha - 2,923

Nyaberi Justry P. Lumumba - 18,485

Nyamao Samuel Nyachwaya - 3,297

Nyaweya Manson Oyongo Charles - 53,083

Obure Christopher Mogere - 110,760

Omboto Boniface - 3,405

Ongwae James Elvis Omariba - 206,164

On the basis of those results, the IEBC determined that the 3rd respondent, Ongwae James Elvis Omariba (Ongwae), who happened to be the incumbent Governor, had obtained the most votes and declared him …

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