JUDGMENT OF THE COURT
[1] The appellant Wavinya Ndeti and the 4th respondent Alfred Mutua Nganga are among the six candidates who vied for the elective office of Governor of Machakos County in the Gubernatorial elections held on 4th March 2013. After the elections, the Returning Officer announced the result of the votes garnered by each candidate as follows:
Alfred Mutua Nganga – 257,607
Aaron Mwau Wambu – 5,355
Mumina Fidel Timi – 1,837
Thomas Nzioka Kibua – 4,801
Titus John Ndundu – 2,951
Wavinya Ndeti – 92,644
Subsequently Alfred Mutua Nganga was declared the duly elected Governor. The appellant being aggrieved by the election filed an election petition No. 4 of 2013 in the High Court at Machakos seeking the nullification of the election of the 4th respondent on grounds of various electoral malpractices.
Together with the petition the petitioner filed a notice of motion dated 26th March 2013 seeking a mandatory injunction for discovery of documents enumerated therein and an order for scruti…