JUDGMENT OF THE COURT
INTRODUCTION
1. This is an appeal from the judgment of the High Court (Sergon, J.) which nullified the election of the appellant, Owino Paul Ongili Babu, as member of the National Assembly for Embakasi East Constituency, (the Constituency). The appellant, being dissatisfied with that decision, preferred an appeal to this Court.
BACKGROUND
2. In the said election, the appellant was declared the winner, having garnered 46,587 votes, while the 1st respondent, Francis Wambugu Mureithi, got 42,501 votes. There were eight other candidates, none of whom managed to get more than 1,486 votes.
3. The 1st respondent was dissatisfied with the conduct and outcome of the said election. Consequently, he filed an election petition in the High Court of Kenya at Nairobi, alleging that the election was marred with multiple electoral offences and massive irregularities; that it was not transparent and verifiable; that it failed to comply with constitutional provisions and the applicable …