NTOITHA M'MITHIARU
V.
RICHARD MAOKA MAORE & 2 OTHERS

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NAIROBI

Civil Appeal 272 of 2003

NTOITHA M’MITHIARU ................................................... APPELLANT

AND

RICHARD MAOKA MAORE .................................... 1^ST RESPONDENT

BISHOP JOSEPH KYAVOA - RETURNING

OFFICER NTONYIRI CONSTITUENCY........................... 2^ND RESPONDENT

ELECTORAL COMMISSION OF KENYA .................. 3^RD RESPONDENT

(Appeal from a ruling and order of the High Court of Kenya at Meru (Mulwa, J) dated 23^rd September, 2003

in

H.C.E.P. No. 1 of 2003)

******************

JUDGMENT OF OMOLO, J.A

I had the advantage of reading in draft form the judgment prepared by Onyango Otieno, JA and I gratefully accept his summary of the facts underlying the litigation before us. There is, accordingly, no occasion for me to repeat those facts in this brief judgment, except to the extent where the judgment would be intelligible without a reharsh of the facts.

Section 44 of the Constitution of Kenya which is the supreme law in th…