ANNE WAIGURU & PETER NDAMBIRI V. MARTHA WANGARI KARUA, INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC) & SEKI LEMPAKA

RULING OF THE COURT

A. INTRODUCTION

[1] Before the Court is an Application by way of Notice of Motion dated 5^th September, 2018 and filed by the 1^st Respondent (Applicant herein) on 6^th September, 2018 in Petition No 5 of 2018. The Application is brought under Articles 50 and 159 of the Constitution, Section 3, 14 and 24 Supreme Court Act and Rules 3 of the Supreme Court Rules, 2012 and all other applicable provisions of the law.

[2] The application seeks to set aside the orders of the Deputy Registrar of 6^th July, 2018 and the subsequent order by a one-judge Bench of this Court (Justice (Isaac Lenaola, SCJ) delivered in Petition No. 5 of 2018 Anne Waiguru and Another v. Martha Wangari Karua and Others, which by consent, withdrew the appellants’ Petition. The Application also seeks directions from this Court on the Notice of Preliminary Objection by the 1^st Respondent dated 25^th June 2018.

B. BACKGROUND

[3] The Appellants first moved this Court via Petition No. 5 of 2018, dated 29^th March…