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

(2018) JELR 99277 (CA)

Court of Appeal 20 Dec 2018 Kenya
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Case Details

Suit Number:Civil Appeal 12 of 2018
Judges:Roselyn Naliaka Nambuye, Hannah C Okwengu, Stephen Gatembu Kairu
Location:Nyeri
Other Citations:Martha Wangari Karua v. Independent Electoral & Boundaries Commission & 3 others [2018] eKLR

JUDGEMENT OF THE COURT

Introduction

1. This is an appeal from the judgement of the High Court of Kenya (Gitari, J) sitting at Kerugoya delivered on 14th June 2018 dismissing the appellant's election petition. In that petition, the appellant sought a declaration that the election for the position of Governor, Kirinyaga County held on 8th August 2017 was not free, fair and verifiable and is therefore void and invalid; a declaration that the 3rd respondent was not duly elected as the Governor of Kirinyaga County and that the declaration by the 1st respondent to that effect is null and void; an order for fresh election of Governor of Kirinyaga County to be held; and for a declaration that the 3rd respondent is not fit to contest in that election.

2. The 3rd and 4th respondents have cross appealed. They contend that the judgment appealed from is a nullity because the election court lacked jurisdiction to hear and determine the appellant’s election petition after the expiry of the 6 months per…

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