INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION & MOHAMED ADAN ALI V. ALBEITY HASSAN ABDALLA,ANUAR LOITIPTIP & WIPER DEMOCRATIC MOVEMENT

RULING

[1] On 12^th July, 2018 the Court of Appeal at Malindi delivered judgment in Election Petition Appeal No. 2 of 2018 in which it nullified the election of the 2^nd Respondent, Hon. Anuar Loitiptip as the Senator for Lamu County. The Applicants herein were aggrieved by that decision and on 6^th August 2018 filed an appeal to this Court: Petition No. 20 of 2018 in which they seek the setting aside of the Court of Appeal decision and a declaration that the election conducted for the Lamu County Senator was free, fair and credible in accordance with the Constitution, the Elections Act and other relevant laws.

[2] It is not only the Applicants who are aggrieved by the Court of Appeal decision. The 2^nd Respondent, Hon. Anuar Loitiptip being also aggrieved had already moved to this Court on 24^th July 2018 and filed an appeal, being Petition No. 18 of 2018 in which he also seeks the setting aside of the Court of Appeal decision. Both appeals are pending hearing and determination by this Hono…