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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

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 from certifying the gubernatorial seat of Machakos County vacant pending the hearing and determination of the appeal.

“4. THAT a conservatory Order do issue against the Speaker of the County Assembly of Machakos...assuming office as the Governor of Machakos County pending the hearing and determination of the appeal.

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

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