104 of Deputy Governors where the election of a Governor is challenged. Rule 2 defines a respondent to include ‘every person whose election is complained of’. Since no separate election is conducted for deputy governor as the person nominated by the Governor-elect is automatically declared Deputy Governorelect, by construction, they essentially become ‘a person whose election is complained of’. Whereas the majority of the cases in which this was an issue revolved around the failure to cite the Deputy Governor in a petition challenging the election of a Governor, there were instances where the Court had to rule on the failure by a petitioner to cite the party whose election was challenged. Two approaches were taken by election courts. The first category of courts elected to proceed with the hearing of the petition, notwithstanding the non-joinder of the Deputy Governor, ruling that the petitions were not fatal for non-joinder of an interested party (Baridi Felix Mbevo v Musee Mati & 2 Others, Kitui Election Petition Appeal 1 of 2018; Sumra Irshadali Mohammed v IEBC & Mawathe Julius Musili, Nairobi High Court Election Petition 2 of 2017; Wavinya Ndeti & Another v IEBC & 2 Others, Machakos Election Petition 1 of 2017; Kithinji Kiragu v Martin Nyaga Wambora & 2 Others, Embu Election Petition No. 1 of 2013; Hassan Omar Hassan & Another v IEBC & 2 Others, Mombasa Election Petition 10 of 2017; Lesirma Simeon Saimanga v IEBC and Others, Nyahururu Election Petition No. 1 of 2017). The second approach taken by election courts is to strike out the petition on the basis that the Deputy Governor is elected and not nominated, that the right to fair hearing for such persons would be violated as having come to office by election, the only way to remove them was by and election petition. Thus, in this second category, failing to join Deputy Governors in the petition therefore rendered the petition fatally defective (Mwamlole Tchappu Mbwana v IEBC & 4 Others, Mombasa Election Petition Number 5 of 2017; Samwel Kazungu Kambi v Nelly Ilongo & 2 Others, Malindi Election Petition 4 & 5 of 2017; Joel Makori Onsando & 2 Others v IEBC & 3 Others, Kisii High Court Election Petition 3 & 7 of 2017 (consolidated); and James Kirimi Karubiu v IEBC & Another, Kerugoya Election Petition 3 of 2017). Further authorities 1. Caroline Mwelu Mwandiku v Patrick Mweu Musimba & 2 Others, Machakos Election Petition 7 of 2013 2. Wavinya Ndeti v IEBC & 4 Others, Machakos Election Petition 4 of 2013 3. William Kinyanyi Onyango v IEBC & 2 Others, Nairobi Election Petition Appeal No 2 of 2013 4. Thomas Matwetwe Nyamache v IEBC & 2 Others, Kisii Election Petition 8 of 2017 BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION