JUDGMENT OF THE COURT
The respondent herein Nunow Abdi Abdullahi; suing as the administrator and personal representative of the estate of Shafe Nunow Abdi (deceased), filed a suit against the appellant, Electoral Commission of Kenya seeking judgment, by way of special damages in the sum of Shs. 20,050/=, general damages, costs of the suit plus interest. The pertinent paragraphs of the plaint which was filed in the superior court on 10th November, 1998 state as follows:-
“1. The plaintiff is an adult male of sound mind residing and working for gain in Habaswen in Garissa District of the Republic of Kenya. He brings this suit on his own behalf and on behalf of the dependants of the deceased under the Law Reform and Fatal Accidents Acts Caps 26 and 32 of the Laws of Kenya respectively. His address of service for purposes of this suit shall be Care of Sichangi and Company Advocates, Konahauthi Suite H.2, Kimathi Way/Kanisa Road P.O. Box 983, NYERI.
2. The defendant is a body established unde…