JUDGMENT OF THE COURT
The genesis of this appeal is the General Elections held all over the Republic of Kenya on 4th March, 2013. The first respondent, Timothy Moseti E. Bosire, was a candidate for the Parliamentary Elections in respect of Kitutu Masaba Parliamentary Constituency. The third respondent, Independent Electoral and Boundaries Commission was charged with the overall conduct of the entire elections including the Parliamentary Elections on that date. The second respondent, Fredrick Hezekiah Owino Odenge, was appointed by the third respondent as the Returning Officer for the said Kitutu Masaba Constituency. The Petitioner, Paul Gitenyi Mochorwa, though a candidate for the seat of ward representative in one of the wards in Kitutu Masaba constituency, was however one of the voters in respect of the Parliamentary Elections. He petitioned the High Court in respect of this matter as a voter in the constituency. At the close of the elections, and after counting the votes, and tallyi…