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

(2019) JELR 93519 (SC)

Supreme Court 8 Feb 2019 Kenya
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Case Details

Suit Number:Petition 30 of 2018
Judges:David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu
Location:Nairobi
Other Citations:Silverse Lisamula Anami v. Independent Electoral & Boundaries Commission & 2 others [2019] eKLR

JUDGMENT OF THE COURT

A. INTRODUCTION

1. The Petitioner moves this Court under Article 163(4)(a) of the Constitution and Rule 31(1) of the Supreme Court Rules, 2012 challenging the decision of the Court of Appeal dated 19th July, 2018 which dismissed his appeal thereby affirming the election of the 3rd Respondent as the Member of the National Assembly for Shinyalu Constituency.

B. BACKGROUND

2. The Petitioner was a contestant for the position of Member of the National Assembly for Shinyalu Constituency during the election held on 8th August, 2017. The 3rd Respondent, also a candidate in the said election, was declared the winner having garnered 20,572 votes against the Petitioner’s 16,402 votes. Another contestant, Adrian Mambili Meja, came third with 9,813 votes. The Petitioner and Adrian Mambili Meja were both dissatisfied with that declaration. Accordingly, they filed separate petitions at the High Court, Election Petition No. 1 of 2017 and Election Petition No. 4 of 2017, respectively…

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