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SILVERSE LISAMULA ANAMI & ANOR.
V.
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & 2 ORS.

(2018) JELR 93421 (CA)

Court of Appeal 19 Jul 2018 Kenya
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Case Details

Suit Number:Election Petition Appeal 7 of 2018
Judges:Philip Nyamu Waki, James Otieno Odek, Fatuma sichale
Location:Kisumu
Other Citations:Silverse Lisamula Anami & another v. Independent Electoral and Boundaries Commission & 2 others [2018] eKLR

JUDGMENT OF THE COURT

On 8th August, 2017, Kenya held its general elections. Amongst the positions to vie for was membership of National Assembly for Shinyalu Constituency. There were 7 candidates competing for this position. The poll outcome was as follows:

1. Justus Gesito Mugali M’Mbaya - 20,572

2. Silverse Lisamula Anami - 16,402

3. Adrian Mambili Meja - 9,813

4. Patrick Kamuneko Chungani - 2,299

5. George Muteshi Muruli - 1,101

6. Babetuu Inyamah Amutavy - 904

7. Richard Nahonzo Muchesia - 382

The appellant, SILVERSE LISAMULA ANAMI, was dissatisfied with the poll outcome. He filed an Election Petition dated 4th September, 2017 at the High Court of Kenya at Kakamega. The INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC), HENRY BAHATI LUMITI and JUSTUS GESITO (herein the 1st, 2nd and 3rd respondents respectively), were the 1st, 2nd & 3rd respondents respectively in the petition. The hearing of the petition was conducted by Njagi, J. who in a judgment dated 19th February, 2018 dismissed…

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