Nyaguku, a Polling Officer at a polling station in Nakuru wrongfully disallowed Nyangau, a qualified voter to vote during the General Elections of 2007. It was found that Nyangau suffered no loss in that the candidate for whom he wanted to vote otherwise won the election. Now Nyangau has sued Nyaguku and the Electoral Commission in tort. DISCUSS the legal position herein and support your discussion with decided cases.

1.(a). Onyango was owner of a piece of Land in Nakuru. Due to bursting of two ancient tankssituated onhis land. Water escaped and caused damage to Kirui’s property and alsoinjured Kirui’s maid, Chemweno. The tanks have been in existence on the land for quitesome time. They were not merely for the benefit of Onyango alone, but for the benefit ofhundreds of persons in Nakuru. Kirui and Chemweno have now sued Onyango fordamages and their claim is founded on the Rule in Rylands v Fletcher. (Court ofExchequer House of Lords).