JUDGMENT OF THE COURT
In the March 4th, 2013general elections in Kenya, Moses Masika Wetangula, (the appellant) contested for the Bungoma Senatorial seat and was declared the winner, having, according to the Independent Electoral and Boundaries Commission (the IEBC), garnered 154,469 votes. His closest rival, Musikari Nazi Kombo, (the 1st respondent), who allegedly garnered 125,853 votes, being dissatisfied with that result petitioned the High Court at Bungoma to nullify the appellant’s election. After hearing the petition, Gikonyo J, nullified that election thus provoking this appeal. As the by-election arising there from had been scheduled to be held on 16th December 2013, after hearing the petition on 10th December 2013, we did not have sufficient time to prepare a full judgment. Wedismissed the appeal on 11th December 2013 but reserved our reasons for that decision. This is therefore our full Judgment on this appeal.
The appellant’s 57 grounds of appeal revolve around three main iss…