FERNDINAND NDUNG'U WAITITU V. INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION, IEBC, ISAAC HASSAN, NAIROBI COUNTY RETURNING OFFICER, EVANS ODHIAMBO KIDERO, JONATHAN MWEKE, HONOURABLE ATTORNEY GENERAL, DCIO GIGIRI POLICE DIVISION NAIROBI, DCIO KAYOLE POLICE DIVISION NAIROBI & INSPECTOR GENERAL OF THE NATIONAL POLICE SERVICE

RULING OF THE COURT

The applicant filed an application by way of a Notice of Motion dated 26^th June, 2013 brought under Section 3A (1) (2) of the Appellate Jurisdiction Act and rules 5 (2) (b), 41 and 47 of the Court of Appeal Rules. The applicant sought the following orders:

“1. That this Notice of Motion be certified as urgent, and heard as expeditiously as possible, owing to its extreme and demonstrated urgency.

2. That this honourable court be pleased to grant leave to the applicant/intended appellant to appeal to this honourable court against the entire order and ruling of the Election Court in Nairobi High Court Election Petition No. 1 of 2013 made on June 26^th 2013 by the Hon. Mr. Justice Mwongo.

3. That there be a stay of further proceedings in Nairobi High Court Election Petition No. 1 of 2013 pending the hearing and determination of this Notice of Motion.

4. That there be a stay of further proceedings in Nairobi High Court Election Petition No. 1 of 2013 pending the hearing a…