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ISAACK OSMAN SHEIKH V. INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION &OTHERS;, NATIONAL ALLIANCE PARTY & ATTORNEY GENERAL

(2014) JELR 101431 (CA)

Court of Appeal  •  Civil Appeal 180 of 2013  •  31 Jan 2014  •  Kenya

Coram
Wanjiru Karanja, Patrick Omwenga Kiage, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This appeal stems from a brief judgment of the High Court delivered on 12.7.13 dismissing the appellant’s Notice of Motion by which he had sought an order of mandamus compelling the 1st respondent to gazette and publish a Party List for the 2nd respondent with the appellant as representative of marginalized minority group for the Laikipia County Assembly.

The judgment was a mere two pages long but the appellant has filed before us a memorandum of appeal raising some twelve grounds of grievance at the end of which he prays that we set aside the judgment of Ngugi, Korir and Majanja JJ. and in its place order that the applicant be included in the final list of nominees to the Laikipia County assembly in place of Rose Wangu Karuri.

We need to mention at the outset that the said Rose Wangu Karuri, a person who would most definitely, directly and adversely be affected by this appeal in that she would be removed and replaced as member of the county assembly were the appell…

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