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Esther Njogu & David Ndung'u Njuguna v. Independent Electoral And Boundaries Commission

(2013) JELR 102354 (CA)

Court of Appeal  •  Civil Appeal 238 of 2013  •  20 Dec 2013  •  Kenya

Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Jamila Mohammed



This application, which is by way of Notice of motion, is brought under the provisions of rules 29, 42 and 43 of this Court’s Rules, and prays that this Court takes additional evidence from the appellants/applicants in the appeal. The evidence sought to be adduced is the 8th interested party’s pay slip with the Teachers Service Commission (T.S.C.). The mode of introducing such additional evidence is by way of an affidavit deponed by the appellants/applicants to which the said pay slip would be annexed.

The application is based on the grounds which are in the body of the application, that the fact of the employment of Nancy Wambui Mwaura (the 8th interested party) by the T.S. C. at the time of her nomination to the Nyandarua County Assembly was in issue at the hearing of Petition No. 238 of 2013 before the High Court; that at the time of hearing of the petition, the appellants upon exercise of due diligence could not access documentary evidence to prove that the said …

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