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KIMANI WANYOIKE V. ELECTORAL COMMISSION & MORRIS KASHERO

(1995) JELR 104650 (CA)

Court of Appeal  •  Civil Application NAI 213 of 1995  •  1 Sep 1995  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi

Judgement
<p class="ql-align-center">RULING OF THE COURT</p><p class="ql-align-justify">Mr. Kimani Wanyoike, the applicant herein, asks us under Rule 5(2)(b) of the Court&#x27;s Rules to grant to him three basic orders and these are that:-</p><p>The Respondents, the Electoral Commission of Kenya (hereinafter the 1<sup>st</sup> respondent) and Morris Kashero (hereinafter the 2<sup>nd</sup> respondent), Returning Officer for Kipipiri Parliamentary Election currently Scheduled for Monday 4<sup>th</sup> September, 1995, by Themselves servants or agents or any of them or Otherwise howsoever BE RESTRAINED from further refusal to accept the Applicant&#x27;s nomination papers for the Kipipiri parliamentary Election aforesaid pending the hearing and determination of the intended appeal.</p><p>The Respondent Electoral Commission be ordered to forthwith include the Applicant&#x27;s name and other necessary particulars in the ballot paper to be issued in respect of the parliamentary election in respect of Kipipiri Constituency.</p><p>Any further orders consequential upon the above As will enable compliance with the National Assembl…</p>

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