DIANA KETHI KILONZO V. INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION, INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION DISPUTES RESOLUTION COMMITEE & SALAD BORU GURACHA MAKUENI COUNTY RETURNING OFFICER

RULING OF THE COURT

The applicant, Diana Kethi Kilonzo, has moved the Court under Rule

29 of the Court of Appeal Rules to take additional evidence in her appeal challenging a decision of the High Court that found her ineligible to contest the Makueni Senatorial Seat in a by-election held on 26th July 2013. She asserts that the additional evidence is necessary for the just and proper determination of her appeal. The respondents, the Independent Electoral

and Boundaries Commission (the IEBC), the Independent Electoral and Boundaries Commission Dispute Resolution Committee (the Committee) and Salad Boru Guracha (the Returning Officer) vigorously oppose the application as misconceived and without merit. They contend, among others things, that the discretion of the Court under Rule 29 cannot be invoked in this case, firstly because the applicant’s appeal arises from the supervisory rather than the original jurisdiction of the High Court, and secondly because the applicant was aware all along …