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Clement Kungu Waibara v. Peter Kamau Njeri, Charles Mararo Njoroge & Electoral Commission of Kenya

(2008) JELR 104065 (CA)

Court of Appeal  •  Civil Appli 274 of 2008 (UR 179/2008)  •  28 Nov 2008  •  Kenya

Coram
Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

By this Notice of Motion expressed to be brought under rule 5(2)(b) of the Rules of this Court, the applicant CLEMENT KUNGU WAIBARA seeks the following main reliefs:-

“1. THAT in the first instance this Application be heard ex-parte and Orders sought in paragraph 2 hereof be made pending the hearing and determination of this application.

2. THAT this Honourable Court be pleased to issue an Order of stay of the proceedings pending before the superior court and/or the execution of the Ruling/Orders of the superior court, Wendoh, J. pending the hearing and determination of the applicant’s intended appeal against the said rulings and/or orders.

3. THAT the cost of this application be provided for.”

This application is brought on the following grounds:-

“a) The applicant’s intended appeal raises serious issues of substantive and procedural law and is an arguable appeal with high chances of success in that:-

i The learned judge erred in failing to appreciate sufficiently or at …

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