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Basil Criticos v. Independent Electoral and Boundaries Commission, Isaiah Saha Madungu & Naomi Namsi Shaban

(2015) JELR 105510 (SC)

Supreme Court  •  Petition 22 of 2014  •  24 Jun 2015  •  Kenya

Coram
Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

(Coram: Wanjala and Njoki, SCJJ)

PETITION NO. 22 OF 2014

HON. BASIL CRITICOS .............................................. PETITIONER

VERSUS

1. THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION

2. ISAIAH SAHA MADUNGU

3. NAOMI NAMSI SHABAN ....................................... RESPONDENTS

(Being an appeal from the Ruling of the Court of Appeal at Nairobi (Warsame, Musinga and Kairu JJA) dated 19th May, 2014 in Nairobi Civil Application No. 33 of 2013)

RULING

A. INTRODUCTION

[1] The substantive matter before the Court is a petition of appeal dated 20th June, 2014 and filed on 23rd June, 2014 against the Ruling and Orders of the Court of Appeal at Nairobi dated 19th May 2014 (Civil Application No. 33 of 2013). It is contended that the petition at the High Court was filed outside the stipulated timeline, and was therefore null and void ab initio.

[2] The petitioner seeks the following Orders:

(i) that the petition be allowed with costs, an…

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