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Cyprian Awiti & Hamilton Orata v. Independent Electoral and Boundaries Commission, Returning Officer Homabay County, Joseph Oyugi Magwanga & Joshua Orero

(2018) JELR 103020 (CA)

Court of Appeal  •  Election Petition Appeal (Application) 5 of 2018  •  14 Jun 2018  •  Kenya

Coram
Philip Nyamu Waki, James Otieno Odek, Fatuma sichale

Judgement

RULING OF THE COURT

The applicants, JOSEPH OYUGI MAGWANGA and HON. JOSHUA ORERO (who are the 3rd and 4th respondents in the appeal) filed a Notice of Motion under Rules 27 of the Court of Appeal (Election Petition) Rules of 2017 and Rules 42, 47, 107(3) of the Court of Appeal Rules and all other enabling provisions of the law. They sought the following orders against HON. CYPRIAN AWITI, HON. HAMILTON ORATA (the 1st and 2nd appellant’s respectively) and the INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC) (the 1st respondent) and the RETURNING OFFICER, HOMA BAY COUNTY (the 2nd respondent),:-

“1. Spent

2. That the appellants and the 1st respondent herein be ordered to provide security for the past Costs of the Suit giving rise to the Appeal currently capped at Ksh. 6 million and further Security for the Costs of this Appeal, in the total sum of Ksh.20million or such other sum in the Superior Court’s ratio of 1:2 or in such other manner as may be approved by the court within 14 days o…

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