Court considered whether during elections there had been non compliance with provisions of the parliament election act and whether those elections were not conducted with principles laid therein. Court held that there had been non-compliance with provisions of the act and went to hold that the principles laid therein were not followed. Court was satisfied that there had been compelling of voters to vote for the first respondent hence violating the principle of the right to vote of citizens.
Court then considered whether if the non compliance if present affected the results of the election and whether any illegal practices if committed were committed with knowledge of the first respondent. Court held that that non-compliance affected the results of the election and the illegal practices were committed with knowledge of the first respondent. Court was satisfied from evidence adduced by the petitioner that the first respondent used a sectarian campaign kind of style which was very extensive hence affecting the result substantially. Court was also satisfied that the offences involved during elections were committed with knowledge of the first respondent. For that matter the election of the first respondent as a member of parliament was set aside and the constituency declared vacant.
Accordingly court granted the election petition with costs.