Election Law-election petition-election petition seeking to nullify and declare void the election of the 1^st respondent as Member of Parliament for Bomachoge Constituency and the results of the general election in which 1^st respondent was declared winner-grounds; allegations of-incorrect counting and tallying of votes, counting and tallying of votes not witnessed, 1^st respondent and 2^nd respondent by himself and/or his officials preventing petitioners’ agents from accessing tallying hall, discrepancy between total number of votes cast for parliamentary candidates and those for presidential candidates, open voter bribery and canvassing of votes by 1^st respondents and/or his agents within polling stations, 1^st respondent using government resources and civil servants to campaign for him,  polling centers being too small and inadequate lighting, violence, intimidation at tallying halls by 1^st respondents supporters, interference by the District Commissioner with the tallying process, late opening of some polling stations, Electoral Commission officials campaigning and canvassing for votes for the first respondent on the polling day, returning officer excluding valid results from 28 polling stations which accounted for 20% of the total number of registered voters and proceeding to declare 1^st respondent the winner despite protests and demands to include the results, alteration of statutory documents and  forms 16A and 17A without countersigning, omission of voters’ names from the voters registers.

Election Law-election petition-evidence of tampering with ballot boxes-upon scrutiny of ballot boxes many of them found empty and without Electoral Commission seals, only 39 out of 151 ballot boxes in good order-massive anomalies in Forms 16A; many not containing the names of all the candidates, many also did not contain the names of all the agents, many agents did not sign the forms and no reasons were given for that omission- many forms did not have names of the Presiding Officers, others did not even bear the name of the polling station, many did not have ECK or Presiding Officer’s rubber stamp, others did not show the total number of registered voters, total number of valid votes cast, total number of rejected votes and total number of disputed votes, only about 10 contained Presiding Officer’s Statutory comments-figures in Form 17A not same with those contained in Forms 16A-evidence of alterations and cancellations in Form 17A and  the form not signed by any of the parliamentary candidates or their agents.

Election Law-bribery-allegations of, in an election petition-burden of proof-who bears the burden of proof-National Assembly and Presidential Elections Act (cap 7) section 6, Constitution of Kenya section 35.

Election Law-presiding officers-role of-failure or refusal by presiding officers to sign Form 16A and to let the petitioners or their agents to sign the statutory declarations-effect of-Presidential and Parliamentary Elections Regulations (cap 7 Sub Leg) regulation 35A, Election Offences Act (cap 66) section 4.

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Criminal practice and procedure-appeal-appeal against conviction and sentence-the appellant was convicted of trafficking in narcotic drugs and sentenced to life imprisonment-ground of appeal that the trial court conducted proceedings that violated the rights of the appellant-where the prosecution conceded the appeal on grounds that the inordinate delay could not be explained-whether the appeal had merit- Narcotic Drugs and Psychotropic Substances Control Act section 4 (a); Constitution section 72 (3)

Criminal ractice and procedure-murder-the accused was charged with the offence of murder-circumstantial evidence-whether the evidence adduced was sufficient to establish the charge against the accused to warrant conviction-Penal Code sections 203, 204

[Ruling] Family Law-probate and administration-grant-application for confirmation of grant issued-there being three beneficiaries to the estate-where one of the beneficiaries was a minor-continuing trust-underlying objective of to safeguard the interests of minor beneficiaries of the estate-party that holds the property in trust for the children of the deceased-whether letters of administration can be issued to one party where a continuing trust exists-whether the mode of distribution of the estate herein was in the best interests of the minor-Law of Succession Act Section 58

Criminal practice and procedure-appeal-appeal against conviction and sentence-the appellant was convicted of stealing and sentenced to two years imprisonment-whether the evidence was sufficient to secure a conviction-whether the prosecution had proved its case beyond any reasonable doubt-whether the appeal had merit-Penal Code section 275

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