NIXON NGIKOR NICHOLAS
V.
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & 2 ORS

JUDGMENT OF THE COURT

Introduction and background

1. The election of the position of Member of Parliament for Turkana East Constituency, Turkana County was held alongside other elections in the General Elections on 8^th August, 2017. Four candidates contested for the seat. These are Ali Lokiru Mohammed (the 3^rd respondent), Nixon Ngikor Nicholas (the appellant), Robert Kamaro Atuko and Nasia Toney Ewaton. The Independent Electoral Commission (IEBC), (the 1^st respondent) declared the 3^rd respondent, Ali Lokiru Mohammed as the duly elected Member of Parliament for Turkana East Constituency with 5,528 votes. The appellant was the closest contestant having garnered 4,437 votes. Robert Kamaro Atuko and Nasia Toney Ewaton garnered 652 votes and 170 votes respectively. The IEBC (1^st respondent) is the Constitutional Authority mandated to manage the elections. Alfred K. Ronoh (the 2^nd respondent) was at the material time the Returning Officer for Turkana East Constituency.

2. The appellant, Nixon…