PHILIP OSORE OGUTU
V.
MICHAEL ONYURA ARINGO & 2 ORS

JUDGEMENT OF THE COURT

This is an appeal against the judgment of the Election Court (Tuiyot, J.) delivered on 9^th September, 2013 dismissing, with costs, the election petition lodged by Philip Osore Ogutu (hereafter “the appellant”) seeking to nullify the election of Michael Onyura Aringo (hereafter “the 1^st respondent”) as the Member of National Assembly for Butula Constituency. The election was conducted by the Independent Electoral and Boundaries Commission (hereinafter “I.E.B.C.”) which appointed a Returning Officer (hereinafter “the Returning Officer”) to conduct and manage the election of 4^th March, 2013 for Butula Constituency (hereinafter “The Constituency”).

The 1^st respondent was declared the winner of the National Assembly election for the said Constituency after garnering 12,325 votes and was gazetted as the winner. There were seven candidates in all. The respective votes obtained by each of the candidates is tabulated below:-

“1.Michael Aringo Onyura - 12,325

2. Joseph Maero …