HASSAN NYANJE CHARO V. KHATIB MWASHETANI, INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, JUMA MUSA & GIDEON MWANGANGI WAMBUA

RULING

BACKGROUND

[1]This is an Application by way of an Originating Motion dated 15^th April, 2014 seeking leave to appeal to this Court under Article 163(4)(b) of the Constitution. The Applicant filed his application on 17^thApril, 2014 under a certificate of urgency seeking certification by this Court that the intended appeal involves a matter of general public importance.

[2]The Application was heard ex-parte under certificate on 17^th April,2014 before Ibrahim, SCJ. The matter was certified urgent and ordered that it be heard expeditiously on 7^th April, 2014 by a two Judge Bench.

[3]Upon being served with the Application, the 2^nd and 3^rd Respondents filed a Notice of Preliminary Objection on 5^th May, 2014. They gave notice of three grounds upon which they opposed the Application:

This Honourable Court has no jurisdiction, in the absence of an Appeal being lodged from the decision of the Court of Appeal in Civil Appeal No. 39 of 2013, to determine the questions set out in the Originating …