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 ordered.
Dated and delivered at Nairobi this 7th day of May 2010.
P.K. TUNOI
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR
JUDGMENT OF GITHINJI, J.A.
This appeal is from the ruling and order of the Election Court (Ibrahim, J.) dated 11th day of July, 2008 striking out the Election Petition filed by the appellant herein on the ground that there was no due diligence to effect personal service on the applicant Walter Enock Nyambati Osebe (1st respondent) herein before serving him through publication in the Kenya Gaze…