JUDGMENT OF THE COURT
A. INTRODUCTION
[1] This is an appeal against the Judgment of the Court of Appeal sitting in Nairobi, delivered on 6 July 2018, overruling the decision of the High Court (Nzioka J) in Election Petition No.2 of 2017. The Appellate Court decision invalidated the election of the appellant as Member of the National Assembly for Embakasi South Constituency in Nairobi County.
B. BACKGROUND
[2] The appellant was declared duly-elected as the Member of the National Assembly following the General Elections of 8 August 2017. He was the candidate of Wiper Party, and was declared winner on 9 August 2017 by the Returning Officer for Embakasi South Constituency, on the basis that he had garnered 33,174 votes, while the 2nd respondent who vied under ODM party was runner-up, said to have garnered 33,009 votes. The 2nd respondent subsequently filed a petition, contesting the election of the appellant.
[3] Several applications were heard and resolved, in the course of trial. The appella…