JULIUS MAKAU MALOMBE
V.
CHARITY KALUKI NGILU & 2 OTHERS

JUDGMENT OF THE COURT

1. Charity Kaluki Ngilu, the 1^st respondent, was declared Governor-elect for Kitui County after the 8^th August 2017 gubernatorial elections. Dr. Julius Makau Malombe, the appellant, was the 2^nd runner up. The declared results were as follows:

(i) Dr. Julius Makau Malombe.................74,681 votes

(ii) David Musila............................ 114,827 votes

(iii) Charity Kaluki Ngilu ........................169,990 votes

2. Aggrieved by the declared results, the appellant filed a petition at the High Court in Kitui challenging the declaration of the 1^st respondent as winner of the election. The grounds in support of the petition were that the election and declaration of the 1^st respondent as governor-elect was irregular, illegal and did not reflect the will of the people of Kitui County. That the appellant’s agents were denied access to various polling stations; that the voting process was marred by violence and intimidation of voters; that the data entered into the …