JUDGMENT
BACKGROUND
[1] The appellant was a contestant for the position of Senator, Bomet County, during the general elections of March, 2013 in which the 2nd respondent was declared the duly elected Senator, by the 1st respondent. The appellant thereafter filed a petition contesting the declaration of the 2nd respondent as the duly elected Senator (Kericho High Court Election Petition No. 1 of 2013). He sought Orders as follows:
a recount and scrutiny of all votes cast in the Senatorial elections in Bomet County;
a declaration that the 2nd respondent had not been validly elected as Senator;
a declaration that the appellant had been duly elected as Senator, and an Order directing the 1st respondent to issue him with a certificate to that effect, and thereafter issue a Gazette notice accordingly;
the 2nd respondent be disqualified from participating in any elections conducted pursuant to the Elections Act, 2011 (Act No. 24 of 2011), for a period of five years, on grounds of electoral malprac…