SAMMY NDUNG'U WAITY
V.
INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION & 3 OTHERS

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] The Petition of Appeal before the Court is dated 6^th September, 2018 and lodged on 7^th September, 2018. The petitioner seeks to challenge the decision of the Court of Appeal (Ole Kantai, Sichale and Makhandia, JJ.A) sitting on appeal in Election Petition Appeal No. 2 of 2018. The Appellate Court in its Judgment of 31^st July, 2018 dismissed the petitioner’s appeal, and in so doing, upheld the decision of the trial Court (Kasango, J) in Election Petition No. 2 of 2017 rendered on 29^th February, 2018.

B. BACKGROUND

(i) At the High Court

[2] The petitioner, a registered voter and Chief Agent of the Jubilee Party for Laikipia East Constituency, filed his petition at the High Court at Nanyuki on 8^th September, 2017 challenging the decision by the 4^th respondent declaring the 2^nd and 3^rd respondents as the duly elected Governor and Deputy Governor of Laikipia County. The petitioner challenged the election process in Laikipia County, contending that the sa…