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Mohamed Abdul Omar v. Kiponda Joseph Joseppe Ngumbao, Katana Reuben Mwamure, Independent Electoral and Boundaries Commission (IEBC) & Masha Sudi

(2019) JELR 99025 (CA)

Court of Appeal  •  Election Petition Appeal (Application) 11 of 2018  •  7 Mar 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

RULING OF THE COURT

1. Whether or not this Court has jurisdiction under Section 85A of the Elections Act to entertain a second appeal in respect to an election of a Member of County Assembly was a live issue in several appeals before this Court. As a result, the President of this Court constituted a five Judge bench to consider that question in Mohammed Ali Sheikh v. Abdiwahab Sheikh Osman Hathe and others; Emmanuel Chagao Kombe (interested party) [2018] eKLR . By that time, the appeal herein, also relating to an election of a Member of the County Assembly, had been filed in this Court by the appellant. Likewise, the 1st and 2nd respondents raised an objection challenging our jurisdiction to hear the appeal.

2. Be that as it may, the parties agreed for the appeal to be held in abeyance pending the determination of the jurisdictional issue by the five Judge bench. Ultimately, the full bench of this Court unanimously found that the Court lacked the jurisdiction to hear second appeals with…

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