BASIL CRITICOS V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, ISAIAH SAHA MADUNGU & NAOMI NAMSI SHABAN

RULING

A. INTRODUCTION

[1] The substantive matter before the Court is a petition of appeal dated 20^th June, 2014 and filed on 23^rd June, 2014 against the Ruling and Orders of the Court of Appeal at Nairobi dated 19^th 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, and the petitioner granted extension of time for filing the appeal from the Judgement of the High Court at Mombasa dated 27^th September, 2013 in Election Petition No. 3 of 2013;

(ii) that in the alternative, the Judgement, consequential orders and the proceedings before the Court of Appeal, in Nairobi civil Application No. 33 of 2013 and Mombasa High Court Petition No. 3 of 2013, be declared null and void ab initio, with each party bearing its own costs, and the sum of Kshs. 500,000/- deposited by the petit…