DANIEL TOROITICH ARAP MOI V. JOHN HARUN MWAU

RULING OF THE COURT

The applicant in the present application is Daniel Toroitich Arap Moi, the President of the Republic of Kenya. The respondent is John Harun Mwau one of the unsuccessful candidates in the Presidential elections held on 29th December, 1992, and which was won by the applicant.

The present application has been brought to strike out the respondent's notice of appeal dated 30th May, 1994, and filed on the same date, on the ground that no appeal lies to this court against the decision of the High Court of 30th May, 1994, in the Election Petition brought by the respondent challenging the election of the applicant as President of the Republic of Kenya. It was submitted on behalf of the applicant, that since section 44 of the Constitution applied by virtue of section 10(1) of theConstitution, mutatis mutandis, to the determination of the question whether a person has been validly elected as a President, subsection (5) of that section which was introduced into the Constitution …