JAMES KARIMI KARUBIU V. DICKSON DANIEL KARABA, CHARLES KIBIRU REUBENSON, SAMUEL SEKI LEMPATI & INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION

RULING OF THE COURT

I. INTRODUCTION

[1] COMING UP BEFORE THE COURT is the applicant’s Notice of Motion dated 2 October 2018, attended with the applicant’s supporting affidavit of even date.

[2] THE APPLICANT seeks Orders as follows:

(a) the Court do authorize enlargement of time, enabling the applicant to file an appeal from a Court of Appeal decision delivered on 11 July 2018;

(b) to that intent, the applicant’s notice of appeal lodged at the Nyeri station of the Court of Appeal on 25 September 2018, be deemed as being properly on record;

(c) the applicant be allowed to file a petition of appeal, the same to be duly heard and determined;

(d) the costs of this application be incorporated in the main cause.

II BACKGROUND TO THE APPLICATION

[3] THE SENATE SEAT for the County of Kirinyaga, in the General Elections of 8 August 2017, had drawn four candidates. The 3^rd respondent herein, who had borne responsibility as the Returning Officer, declared the 2^nd respondent, who mustered a total of 147,9…