JUDGMENT OF THE COURT
Introduction
1. This appeal was initially filed to challenge the whole of the judgment and orders issued by the High court, Ang’awa J. sitting in Nairobi which was made on 27th January 2011 in Election Petition No 35 of 2008. By that judgment, the High court, sitting as an election court, allowed a petition filed by Ibrahim Ahmed (Ahmed) challenging the purported election of Simon Mbugua (Mbugua) as the Member of Parliament (MP) for Kamukunji Constituency in the National Assembly elections held on 27th December 2007. The major complaint, apart from other irregularities and anomalies which he blamed on the Electoral Commission of Kenya (ECK), was that there was no proper tallying of votes for the constituency.
2. Kamukunji constituency had its share of drama in that election. There was reported violence and disruption of vote tallying at the Shauri Moyo tallying centre and the Returning Officer had to flee after announcing some results indicating that Mbugua had won …