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Esposito Franco v. Amason Kingi Jeffah & 2 others

(2009) JELR 102363 (CA)

Court of Appeal  •  Civil Appli 248 of 2008 (UR 158/2008)  •  16 Oct 2009  •  Kenya

John walter Onyango Otieno, Joseph Gregory Nyamu



Before us is a reference to the full court of the ruling of a single judge of the Court (O’Kubasu J.A) dated 14th November, 2008, in which the learned single judge allowed an application under rule 4 of the Rules of this Court. In that application, Esposito Franco, the applicant, had applied for an extension of time within which to serve a notice of appeal, and also within which to file and serve a record of appeal.

The applicant’s election petition against the election of Amason Kingi Jeffah, the 1st respondent, as the member of parliament for Magarini Constitutiency was struck out on amongst other grounds that the petition was not served within the stipulated period under the National Assembly and Presidential Election Act, Cap 7 Laws of Kenya, and the rules made there under. He was aggrieved and file a notice of appeal declaring his intention to change the dismissal. He however, did not serve the notice of appeal upon all persons who were likely to be affected by …

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