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Alfred Nganga Mutua v. Independent Electoral and Boundaries Commission, Machakos County Returning Officer, Wavinya Ndeti & Peter Mathuki

(2018) JELR 106196 (SC)

Supreme Court  •  Civil Application 13 of 2018  •  26 Jun 2018  •  Kenya

Coram
David Kenani Maraga, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Susanna Njoki Ndungu

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA

(Coram: Maraga, CJ and P; Mwilu, DCJ and VP; Ibrahim, Ojwang, and Njoki, SCJJ)

CIVIL APPLICATION NO. 13 OF 2018

– BETWEEN –

ALFRED NGANGA MUTUA...................................................APPELLANT

– AND –

1. INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION

2. MACHAKOS COUNTY RETURNING OFFICER.....RESPONDENTS

3. WAVINYA NDETI

4. PETER MATHUKI

ORDER

[1] Lying before the Supreme Court is the applicant’s Petition of Appeal, dated 21 June 2018 and filed on 22 June 2018. The applicant has filed a Certificate of Urgency dated 11 June 2018, lodged in Court on 12 June 2018, the same supported by his affidavit of 11 June 2018.

[2] Accompanying the Certificate of Urgency is a Notice of Motion application of even date, as follows:

“1. .....

“2. THAT there be a stay of execution against the Judgement and Decree delivered on 8 June 2018 pending inter partes hearing and final determination....

“3. THAT a conservatory Order do issue restraining the 1st Respondent …

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