JOSEPH AMISI OMUKANDA V. INDEPEDENT ELECTORAL AND BOUNDARIES COMMISSION OF KENYA, WILSON KIMUTAI KIPCHUMBA RETURNING OFFICER NAVAKHOLO CONSTITUENCY & EMMANUEL WANGWE

RULING

A. INTRODUCTION

[1] This is an application dated 28^th July, 2014 brought under certificate of urgency, seeking the following Orders:

i. the motion be certified as urgent, and heard inter parties on priority basis;

ii. the applicant be granted leave for extension of time to lodge the record of appeal against the Judgment and Order of the Court of Appeal at Kisumu, in Civil Appeal No.45 of 2013 dated 14^th March, 2014;

iii. the costs of this application to abide the outcome of the intended appeal.

[2] The application is premised on Rule 33 of the Supreme Court Rules, 2012, Section 15(2) 0f the Supreme Court Act, and Article 163(4)(a) of the Constitution.

B. BACKGROUND

[3] The applicant, Joseph Amisi Omukanda, was one of the 8 candidates who contested the National Assembly seat for Navakholo Constituency, during the 4^th March, 2013 General Elections. On 5^th March, 2013, the IEBC declared the 3^rd respondent, Emmanuel Wangwe, to be the winner and duly-elected member of the National Assembly…