For the attention of Firm Seven (7)
The elections for Baragoi constituency, Baragoi County were held on 22 nd
May, 2025 and Mr. Walibora the Returning Officer announced the results on
23rd May, 2025, returning Mr. Peterson Njue as the duly elected member of
the National Assembly for Baragoi constituency garnering a total of 15731
while Mr. Salim Mbotela got 14600 votes. The other four candidates scored
as follows: -
Mukhuno Vincent 3414
Masindi Muyinga 1717
Alberto Sitolo 569
Mbapale David Liyali 391
Mr. Salim Mbotela your client comes to you and is aggrieved with the
results as declared. He informs you that on the voting day at Khamelwa
polling station, his agent Robert Kibe had been assaulted by the agent of
Mr. Peterson Njue who had brought to the polling station a group of more
than 20 youths to ensure that they protect Mr. Peterson Njue’s votes as
Khamelwa area was his strong hold. Your client’s agent Roberto Kibe was
forced to vacate the polling station and as a result did not verify the vote
counting nor did he sign Form 35A. Your client also informs you that at the
Constituency Tallying Centre, the officers of the Independent Electoral and
Boundaries Commission (IEBC) conducted themselves in a manner that
favored Mr. Peterson Njue in that your client’s chief agent; Mr. Alphonse
Mutinda was thrown out during the tallying process. Mr Mutinda was only
allowed in when your client came in a few minutes to the declaration of the
results and as a result, your client nor his chief agent did not participate in
the verification of the results.
Your client also informs you that he has a concern in the manner in which
voting was conducted in the following polling stations; There was omission
of signature by your client’s agents in respect to Form 35A relating to Kieni
Primary School polling center, Bumula market polling center, Mukuru point
polling center and at Gitumbi Tea buying polling center and no reason was
given for such omission. Your client also informs you that there were
irregularities and illegalities that marred the elections held on 8 th August,
2020 in that there were instances where there were inconsistencies in
entries made of the votes cast in form 35A and form 35B. This was evident
at Gitumbi tea buying polling center where while the number of valid votes
cast was entered in form 35A as 378, the same category of votes was
entered in form 35B as 438. Your client also informs you that in the same
polling station, the number of valid votes cast exceeded the registered
voters by more than 100 votes. Your client believes that the election was
conducted in a shambolic manner and was not
Conducted in accordance with the Constitution or the law. Infact, he
honestly believes that it was impossible to determine who the actual winner
was in the just concluded elections. He has every reason to believe that had
the IEBC conducted the elections in accordance with the Constitution and
the law, he would have been declared the winner. He therefore instructs you
to challenge the election of Mr. Peterson Njue and to ensure that another
election is conducted in order that the will of his supporters and the
electorate is protected.
Draft the appropriate pleadings to give effect to Mr. Salim Mbotela’s
instructions and state documents, if any that should be filed together with
the pleadings. (20 Marks)
INSTRUCTIONS
Firm Ten should handle the above assignment and lead the class on 6 th June,
2025 from 1800hrs to 2000hrs. Other firms are encouraged to attempt the
question in order that we may have an interactive and informative class.
