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MARTHA WANGARI KARUA
V.
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & 3 ORS

(2019) JELR 97328 (SC)

Supreme Court 6 Aug 2019 Kenya
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Case Details

Suit Number:Petition 3 of 2019
Judges:David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu
Other Citations:Martha Wangari Karua v. Independent Electoral and Boundaries Commission & 3 others [2019] eKLR

JUDGMENT OF THE COURT

A. INTRODUCTION

1. The Petition before us, dated 25th January, 2019, is filed pursuant to Rules 9 and 33 of the Supreme Court Rules, 2012. The Petitioner contests the Judgment of the Court of Appeal delivered on 20th December, 2018 which dismissed her appeal thus upholding the election of the 3rd and 4th Respondents as the Governor and Deputy Governor of Kirinyaga County, respectively.

B. BACKGROUND

(i) Proceedings before the High Court and the subsequent preliminary appeals

[2] The Petitioner and the 3rd Respondent were candidates for the position of Governor for Kirinyaga County during the election held on 8th August, 2017. After the counting of votes, the 3rd Respondent was declared the winner of that election. Being dissatisfied with the outcome, the Petitioner filed an election petition at the High Court in Embu seeking nullification of the election results. She alleged inter alia that the election was not credible for reasons of bribery, tampering with ballot bo…

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