WALTER ENOCK NYAMBATI OSEBE
V.
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSSION & 2 OTHERS

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] What is before the Court is a Petition of Appeal dated 29^th August, 2018, filed on even date. The appeal is challenging the decision of the Court of Appeal that upheld the High Court’s decision upholding the election of the 3^rd respondent as the Governor for Nyamira County in the 8^th August, 2017 General Elections.

B. BACKGROUND

(i) At the High Court

[2] Following the declaration of the 3^rd respondent as the Governor elect for Nyamira County after garnering 63,949 votes against the petitioner’s 57,432 votes, the petitioner was dissatisfied with the result and filed High Court Election Petition No. 1 of 2017, Walter Enock Nyambati Osebe v. Independent Electoral and Boundaries Commission and 2 Others.

[3] The petitioner, made a number of allegations in support of the petition. He alleged that the 1^st and the 2^nd respondents recruited and deployed 8 Presiding Officers working for the County Government of Nyamira, allowed unregistered voters to vote, ta…