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M'NKIRIA PETKAY SHEN MIRITI
V.
RAGWA SAMUEL MBAE & 2 OTHERS

(2014) JELR 99522 (CA)

Court of Appeal 8 Apr 2014 Kenya
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Case Details

Suit Number:Civil Appeal 47 of 2013
Judges:Alnashir Ramazanali Magan Visram JA Martha Karambu Koome JA James Otieno Odek JA
Location:Nyeri
Other Citations:M'nkiria Petkay Shen Miriti v. Ragwa Samuel Mbae & 2 others [2014] eKLR

JUDGMENT OF THE COURT

Introduction:

Before us is an appeal from the judgment of the High Court (Lesiit, J.) dated 27th September, 2013 wherein the appellant's Election Petition challenging the election of the 1st respondent as the Governor for Tharaka-Nithi County was dismissed with costs. The appellant seeks the following orders:-

  • The appeal be allowed with costs and the judgment and order appealed from be set aside.
  • A declaration that the election of the 1st respondent as the County Governor for Tharaka-Nithi County was not valid and lawful and the same was not conducted in a free, fair and regular manner as required by the Constitution and the Election Act and the Regulations made thereunder.
  • The election of the 1st respondent as the County Governor for Tharaka-Nithi County be set aside to allow for a fresh free and fair election.
  • The respondents be ordered to bear the costs both in the proceedings before the Superior Court and those before this Court.
  • In the alternative and without preju…

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