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Bernard Kibor Kitur v. Alfred Kiptoo Keter & Independent Electoral & Boundaries Commission

(2018) JELR 105500 (SC)

Supreme Court  •  Petition (Application) 27 of 2018  •  31 Oct 2018  •  Kenya

David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Smokin C Wanjala, Susanna Njoki Ndungu



[1] UPON perusing the Notice of Motion application by the Petitioner/Applicant dated 18th September, 2018 and filed on 19th 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 18th September, 2018 and the Supplementary affidavit sworn on 28th September, 2018 and filed on 2nd October, 2018; and

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

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