JUDGMENT OF THE COURT
This is an appeal from the orders of the Election Court given on 16th May 2013, 1st July 2013, 2nd July 2013 and from the judgment of the same court delivered on 13th September 2013 in Election Petition No. EP 2 of 2013 at the High Court of Kenya at Nairobi the effect of which was to dismiss the appellant’s petition challenging the declaration of the 1st respondent as the duly elected Member of the National Assembly representing Mathare Constituency in Nairobi County.
Background
The appellant was one of ten candidates who contested to represent Mathare Constituency in the National Assembly during the General Elections held on 4th March 2013.
On 6th March 2013 at about 1:00 pm, after counting and tallying of votes was concluded, the 3rd respondent, who was the Returning Officer for Mathare Constituency, announced at, the StTeresa’s Girls Primary School tallying Centre, that the appellant was duly elected as the Member of National Assembly for Mathare Constituency. Acc…