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(2007) JELR 100252 (CA)

Court of Appeal  •  Civil Appeal No 168 of 2003  •  28 Sep 2007  •  Kenya

Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji


1. The decision which we are about to announce, being on an interlocutory appeal, will not at all dispose of the petition cause which is still pending hearing and determination in the Superior Court and it appears that the people of Limuru Constituency will not be able to know whether or not their sitting Member of Parliament was validly elected or not. This is because the natural life of the current Parliament is about to come to an end and it is well nigh impossible to dispose of the petition before then.

2. A combination of forces seem to have colluded to deny the said constituency its constitutional right so to know. The chief obstacles which have militated against the expeditious disposal of the petition are first, the heavy cause lists both in this Court and in the Superior Court and secondly; the rigid and sometimes technical rules governing petitions in this country.

3. This is an appeal from the decision of Mbogholi-Msagha, J given on 19" June, 2003 by which the learned judge h…

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