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Hassan Ali Joho & Hazel Ezabel Nyamoki Ogunde v. Suleiman Said Shahbal, 2. Independent Electoral & Boundaries Commission & Mwadime Mwashigadi

(2014) JELR 105369 (SC)

Supreme Court  •  Petition10 of 2013  •  4 Feb 2014  •  Kenya

Philip Kiptoo Tunoi, Kalpana Hasmukhrai Rawal, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Susanna Njoki Ndungu




[1] The 1st appellant is the Governor for Mombasa County, whereas the 2nd appellant is the Deputy Governor. The 1st respondent filed a petition in the High Court at Mombasa on 10th April 2013, challenging the validity of the election of the 1st appellant as the Governor of Mombasa County and consequently, that of the 2nd appellant as the Deputy Governor.

[2] In response to the petition the appellants herein (respondents in the petition) averred that the 1st respondent had filed his petition outside the timelines prescribed by the Constitution. Accordingly, the appellants filed an application dated 29th April, 2013 seeking that the petition be struck out or dismissed on the ground that it had been filed 34 days after the declaration of the election results - outside the 28 days mandated by Article 87(2) of the Constitution.

[3] The application was anchored on the ground that the provisions of Section 76(1)(a) of the Elections Act, No. 24 of 2011 (hereinaft…

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