MAGAMBO J. MASATO & 3 OTHERS v. ESTER AMOS BULAYA & 2 OTHERS, CIVIL APPEAL NO. 49 OF 2016

Abstract

Four registered voters in Bunda Urban Constituency (one also a candidate) petitioned in the High Court to avoid the MP’s election. The respondents raised preliminary objections that the petitioners lacked locus standi because they hadn’t pleaded how their individual voting rights were violated. The High Court (Gwae, J.) struck out the petition, relying on Lema v Mkanga to hold that voters must show personal infringement.