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Justus Mungumbu Omiti v. Walter Enock Nyambati Osebe, Lawrence Ole Sempele & Electoral Commission of Kenya

(2010) JELR 97007 (CA)

Court of Appeal  •  Civil Appeal 183 of 2008  •  7 May 2010  •  Kenya

Coram
Philip Kiptoo Tunoi, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement


IN THE COURT OF APPEAL


AT NAIROBI

CIVIL APPEAL NO. 183 OF 2008

JUSTUS MUNGUMBU OMITI.......................................................APPELLANT

BETWEEN

1. WALTER ENOCK NYAMBATI OSEBE.......................1ST RESPONDENT

2. LAWRENCE OLE SEMPELE....................................2ND RESPONDENT

3. THE ELECTORAL COMMISSION OF KENYA........3RD RESPONDENT

(An appeal from the ruling and order of the Election Court, High Court of Kenya

at Kisii (Ibrahim, J) dated 11th July, 2008

in

KISII ELECTION PETITION NO. 1 OF 2008)

**********************************

JUDGMENT OF TUNOI, J.A

I have had the advantage of reading in draft the judgments of my brothers Githinji and Waki, JJA.

I agree with the reasoning of Waki, J.A. that the appeal be allowed on the basis that the affidavit of service was erroneously struck out and that there was due diligence before alternative means of service was adopted by the appellant. I also agree that the order for costs be made as proposed by both Judges of Appeal. It is so or…

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