CYPRIAN AWITI & HAMILTON ORATA V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, RETURNING OFFICER HOMABAY COUNTY, JOSEPH OYUGI MAGWANGA & JOSHUA ORERO

RULING OF THE COURT

The applicants, JOSEPH OYUGI MAGWANGA and HON. JOSHUA ORERO (who are the 3^rd and 4^th 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 1^st and 2^nd appellant’s respectively) and the INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC) (the 1^st respondent) and the RETURNING OFFICER, HOMA BAY COUNTY (the 2^nd respondent),:-

“1. Spent

2. That the appellants and the 1^st 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…