MAWATHE JULIUS MUSILI V. INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION & SUMRA IRSHADALI MOHAMED

RULING OF THE COURT

[1] For determination is the Notice of Motion Application brought under Certificate of Urgency dated 19^th July, 2018 and lodged on 20^th July, 2018. In the Application brought under the aegis of Article 163(4)(a) of the Constitution and Rules 23 and 26 of the Supreme Court Rules, 2012, and which application was certified as urgent by Ojwang, SCJ on 20^th July, 2018, the Applicant seeks the following prayers;

(a) ....

(b) That there be a stay of execution against the judgment and decree delivered on 6^th July, 2018 pending inter-partes hearing and final determination of this Application;

(c) That conservatory orders be issued restraining the 1^st Respondent from certifying the position of the Member of Parliament for Embakasi South Constituency as vacant, pending the hearing and determination of the Appeal;

(d) That a conservatory order do issue restraining the 1^st Respondent from announcing or conducting Member of National Assembly elections in Embakasi South Constituency…