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NDWIGA STEVE MBOGO
V.
INDEPENDENT ELECTORALAND BOUNDARIES COMMISSION & 2 ORS

(2018) JELR 98488 (CA)

Court of Appeal 17 Aug 2018 Kenya
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- The appellant challenged the election of the 3rd respondent as Member of the National Assembly for Starehe Constituency following the 8 August 2017 general election, alleging irregularities including unsigned and unstamped electoral forms

Case Details

Suit Number:Election Petition Appeal 12 of 2018
Judges:Daniel Kiio Musinga, James Otieno Odek, Agnes Kalekye Murgor
Location:Nairobi
Other Citations:Ndwiga Steve Mbogo v. Independent Electoral and Boundaries Commission & 2 others [2018] eKLR

JUDGMENT OF THE COURT

1. On 8th August 2017, the people of Starehe Constituency in Nairobi County held election for the position of member of the National Assembly. The 3rd respondent (Njagua Charles Kanyi) was declared the winner, having garnered 61,266 votes against the appellant’s (Ndwiga Steve Mbogo) 38,292votes. Dissatisfied with the declared results, the appellant filed an election petition challenging the results. Numerous grounds were urged in support of the petition. These included lack of official IEBC stamp on some statutory forms; lack of signatures of presiding and or deputy presiding officers electoral forms; lack of signature of agents; errors in tallying of votes; variances in result declaration forms 35A and 35B; violence in the conduct of the election; bribery and treating; vote stuffing; denial of entry into polling stations and failure to conduct the elections in accordance with the principles laid down in the Constitution, the Elections Act and Regulations thereund…

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