BERNARD KIBOR KITUR V. ALFRED KIPTOO KETER & INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION

RULING OF THE COURT

[1] UPON perusing the Notice of Motion application by the Petitioner/Applicant dated 18^th September, 2018 and filed on 19^th September, 2018 brought under Articles 22, 23, 159 and 163(3)(b) and (4) of the Constitution, the unstated provisions of the Elections Act, 2012, Rules 23 and 53 of the Supreme Court Rules, 2012 and the Supreme Court Practice Directions, 2017, seeking for extension of time to file an appeal out of time against the judgment and orders of the Court of Appeal in Election Petition Appeal No. 21 of 2018; and

[2] UPON reading the Applicant’s grounds in support of the application, the Supporting affidavit sworn on 18^th September, 2018 and the Supplementary affidavit sworn on 28^th September, 2018 and filed on 2^nd October, 2018; and

[3] UPON considering the Applicant’s written submissions dated 1^st October, 2018 and filed on 2^nd October, 2018 wherein the Applicant submits that the delay in filing the appeal was occasioned by the uncertainty about the comp…