JUDGMENT OF THE COURT
This appeal before us and Civil Appeal No. 50 of 2006 were both appeals from the judgment and order of the High Court of Kenya at Mombasa (Khaminwa, J) dated and delivered on the 10th February, 2006 in Election Petition No. 1 of 2003 at Mombasa. The appellant in this appeal, Harrison Garama Kombe, was the second respondent in Civil Appeal No. 50 of 2006, whereas the first and second respondents in this appeal, Ali Omar and The Electoral Commission of Kenya were the first and second appellants respectively in that appeal. The third respondent here, Julius Daraka Mbuzi, was the first respondent. Both appeals were placed before us for hearing on 26th July 2006. Civil Appeal No. 50 of 2006 proceeded to hearing first and that was, in our view, proper as it was the first of the two appeals to be filed in this Court. The record shows that after Civil Appeal No. 50 of 2006 was heard, Mr. Gikandi, the learned counsel for the appellant in this appeal, proposed and it was ac…