JUDGMENT
This appeal arises from an Election Petition No 3 of 2003 in respect of Lari Constituency in which Francis Njari Kagunyi (the appellant herein) was the petitioner, Daniel Henry Gathua, was the Returning Officer, the 131 respondent and (131 respondent in the appeal) and Hon James Viscount Kimathi the winner in the said election the 2"d respondent, who is also the 2"d respondent in this appeal.
The appellant filed an election petition in the Superior Court on 2131 January 2003 challenging the election of the 2"d respondent following the General Election that took place in this country on 271h December 2002 in which the 2"d respondent was declared the winner in Lari Constituency. The 151 respondent was the Returning Officer who supervised the exercise in Lari and declared the 2"d respondent the winner. The result was published in Kenya Gazette of 3rd January, 2003 and as per section 20 of the National Assembly and Presidential Elections Act (cap 7 Laws of Kenya) any party wishing …