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JAMES LUSWETI MUKWE V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC), BENSON ESUZA LUMWAGI & EDWARD TALE NABANGI [2018] EKLR

(2018) JELR 101158 (SC)

Supreme Court  •  Civil Application 24 of 2018  •  7 Sep 2018  •  Kenya

Coram
David Kenani Maraga, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala

Judgement

RULING

[1] Before the Court is an Application dated 30th July 2018, seeking the following orders reproduced verbatim:

1. THAT this application be certified urgent and that the same be heard ex-parte in the first instance.

2. THAT there be a stay of execution against the Judgment and Decree of the Court of Appeal (Hon. E. M. Githinji, H.M. Okwengu and J. Mohammed JJA) delivered on 26th July 2018 pending the inter-partes hearing and final determination of this application.

3. THAT there be a stay of execution against the Judgment and Decree of the Court of Appeal (Hon. E. M. Githinji, H.M. Okwengu and J. Mohammed JJA) delivered on 26th July 2018 pending the inter-partes hearing and final determination of this Petition of Appeal.

4. THAT a Conservatory Order be issued barring the 1st Respondent from certifying the seat of Member of National Assembly, Kabuchai Constituency vacant and proceeding to organize and or conduct a fresh election for Member of National Assembly, Kabuchai Constituency …

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