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JIMI RICHARD WANJIGI V. WAFULA CHEBUKATI & 2 ORS

(2022) JELR 114035 (CA)

Court of Appeal  •  Civil Appeal E404 of 2022  •  29 Jul 2022  •  Kenya

Coram
MSA Makhandia, JA K M'Inoti, JA HA Omondi, JA

Judgement

JUDGMENT

REASONS FOR THE JUDGEMENT OF THE COURT

  1. On 12th July 2022, we heard this appeal in which the parties were represented by learned counsel as follows: the appellant, Mr. Jimi Richard Wanjigi by Mr. Omwanza and Mr. Otieno, the 1st and 2nd respondents (Mr. Wafula Chebukati and the Independent Electoral and Boundaries Commission, respectively) by Mr. Gumbo, and the 3rd respondent, the Independent Electoral and Boundaries Commission Disputes Resolution Committee, by Mr. Ndaiga and Mr. Mukele. The dispute in the appeal involves nomination of the appellant as a candidate for election for the office of President of the Republic of Kenya in the general elections scheduled for 9th August 2022. Due to the urgency of the appeal and in particular, taking cognisance of the fact that the date of the election is set by Article 136(2) (a) of the Constitution, we rendered, on the same day pursuant to Rule 34(7) of the Court of Appeal Rules, 2022, an extempore judgment, dismissed the appeal with co…

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