RULING OF THE COURT
These two applications have been consolidated and were heard together for convenient disposal.
The two motions though lodged on different dates are both expressed to be brought under rules 80 and 42 of the Court of Appeal Rules and they seek an order to strike out the notice of appeal and the record of appeal filed in Civil Appeal No. 142 of 2009, or in otherwise, the appeal itself on the ground that it was not filed within the time stipulated by law.
Pursuant to the Presidential and Parliamentary General Elections held on 27th December 2007 the 1st respondent, Clement Kungu Waibara, was declared the winner for Gatundu North Constituency. On 24th January 2008, Peter Kamau Njeri, a registered voter filed Election Petition No. 24 of 2008 before the Election Court on various grounds of election malpractices, particularly bribery of and undue influence of voters, seeking an order to declare the election of the 1st respondent as null and void.
However, on 26th September 200…