BOY JUMA BOY ,RASHID SHOUD COUNTY RETURNING OFFICER, KWALE COUNTY, INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION V. MWAMLOLE TCHAPPU MBWANA & KALIMBO NAVEED MWAEGA

RULING OF THE COURT

[1] During the elections held on 4^th March, 2011 Boy Juma Boy (hereinafter referred as the applicant), who had vied for the position of Senator for Kwale County was declared validly elected for the position. Two voters Mwamlole Tchappu Mbwana and Kalimbo Naveed Mwaega (hereinafter referred to as the respondents), who were dissatisfied with the outcome of the elections lodged a petition before the High Court at Mombasa challenging the outcome of the elections. On 27^th September, 2013, the High Court (Ochieng, J.) delivered a judgment in which it dismissed the petition and issued a certificate confirming the validity of the election of the applicant as the Senator for Kwale County.

[2] Being aggrieved by that judgment the respondents lodged a memorandum of appeal in the Registry of this Court at Mombasa on 28^th October, 2013. The applicant has now moved this Court by way of Notice of motion dated 22^nd November, 2013 seeking to have the memorandum of appeal dated 28^th O…