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

JUDGEMENT OF THE COURT

BACKGROUND

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

[2] In response to the petition the appellants herein (respondents in the petition) averred that the 1^st respondent had filed his petition outside the timelines prescribed by the Constitution. Accordingly, the appellants filed an application dated 29^th 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…