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M'Mithiaru v. Maore & 2 others (No 2)

(2007) JELR 99187 (CA)

Court of Appeal  •  Civil Appeal No 272 of 2003  •  19 Oct 2007  •  Kenya

Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Erastus Mwaniki Githinji


M'Mithiaru v. Maore and 2 others (No 2)

Court of Appeal , at Nairobi October 19, 2007

Omolo, Githinji and Onyango Otieno JJ A

Civil Appeal No 272 of 2003

(Appeal from a ruling and order of the High Court of Kenya at

Meru (Mulwa, J) dated 23`d September, 2003 in HCEP No 1 of 2003

Practice and Procedure - service of election petition - parliamentary elections - duty of the petitioner to serve the respondent within 28 days of the publication of the election results in the Kenya Gazette - mode of service -personal service versus substituted service - circumstances in which an inference that personal service has been effected may arise - whether substituted service through night radio and television announcements is proper service - whether only judges designated by the Chief Justice may hear interlocutory matters arising from election petitions - National Assembly and Presidential Elections Act (cap 7) section 20(])(a).

Judicial officer - Judges of the High Court - concurrent jurisdiction


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