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Independent Electoral & Boundaries Commission (I E B C) & Silas Rotich v. Philip Mukui Wasike & James Lusweti Mukwe

(2014) JELR 98315 (CA)

Court of Appeal  •  Civil Application 28 of 2014  •  19 Sep 2014  •  Kenya

Coram
Festus Azangalala, Sankale ole Kantai, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

This application is principally brought under Rules 83 and 84 of the Court of Appeal Rules (“the rules”) although other provisions of the rules have also been invoked but they deal with the formal requirements of such an application. The application seeks to have the notice of appeal lodged on 11th October, 2013 by Philip Mukui Wasike (the respondent) struck out.

There are two grounds on the face of the application on which the application has been based namely, that the notice of appeal was not lodged in this Court but in the High Court at Bungoma and that since the filing of the same, no record of appeal has been filed at all, at any rate not within six months of the decision sought to be challenged by the respondent.

The application is supported by a short affidavit sworn by Mohamud Jabane who depones that he is a Manager of Legal Services of the applicants, Independent Electoral and Boundaries Commission and Silas Rotich. It is deponed in that affidavit that judgm…

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