SETH AMBUSINI PANYAKO
V.
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & 2 ORS

RULING

Background

[1] The applicant, Seth Ambusini Panyako, was an unsuccessful contestant for the seat of Member of Senate, Kakamega County in the General Elections that were held in the Country on 8^th August, 2017. Dissatisfied with the outcome of the elections, the applicant challenged the election of the successful contestant, Cleophas Wakhungu Malalah (the 3^rd respondent), in Election Petition No. 014 of 2017 at Kakamega High Court.

[2] By a Notice of Motion dated 17^th November, 2017, the 3^rd respondent sought that the applicant’s Election Petition No. 014 of 2017 be struck out with costs on the ground inter alia that the Petition was fatally defective for want of form and content due to the failure by the Petitioner (the applicant herein) to state the results in compliance with the mandatory provisions of the Elections Act (the Act) and the Elections (Parliamentary and County Elections) Petitions Rules, 2017 (the Rules); that the Petitioner did not deposit security for costs with t…