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GEORGE MIKE WANJOHI V. STEVEN KARIUKI, INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & MILLIAM WANJIRU GACHIHI

(2014) JELR 104862 (SC)

Supreme Court  •  Civil Application 6 of 2014  •  29 Apr 2014  •  Kenya

Coram
Philip Kiptoo Tunoi, Mohammed Khadhar Ibrahim

Judgement

RULING

1. INTRODUCTION

[1] This is an application by way of Notice of Motion dated 26th March, 2014 and filed under Certificate of Urgency on 2nd April, 2014 seeking orders from this Court inter alia, to stay the execution of the entire judgment and order of the Court of Appeal dated 18th March, 2014 pending the hearing and determination of an appeal of the said judgment. Other prayers are contained in the Notice of Motion.

[2] The genesis of this matter is the Mathare Constituency National Assembly General Elections held on 4th March, 2013. On 6th March, 2013 after the counting and tallying of votes, the Returning Officer, Milliam Wanjiru Gachihi (3rd respondent) announced Steven Kariuki (the 1st respondent) as the duly elected Member of the National Assembly for Mathare Constituency and issued him with a Certificate of Results, contained in Form 38.

[3] The applicant contested this action and filed in the High Court Election Petition No. 150 of 2013 seeking inter alia a reversal of the …

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