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Mohamed Ali Sheikh v. Abdiwahab Sheikh Osman Hathe, Abdullahi Mohamed Ollow, Isaack Muhumed Mohamed & Independent Electoral and Boundaries Commission

(2019) JELR 99020 (SC)

Supreme Court  •  Election Appeal Application 38 of 2018  •  29 Mar 2019  •  Kenya

Coram
Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

A. INTRODUCTION

[1] The Application before us emanates from the Ruling of the Court of Appeal—Election Appeal (Application) No. 261 of 2018—in which the said Court struck out the Applicant’s Notice and Record of Appeal on grounds that the Court of Appeal had no jurisdiction to hear election petition appeals concerning membership to a County Assembly.

[2] The Application, dated 20th December, 2018 and filed under a certificate of urgency is seeking the following orders:

(a) This application be certified urgent and allocated an early hearing date.

(b) Pending the hearing and determination of the Application and the intended appeal, there be a stay of execution against the Ruling of the Court of Appeal in Election Appeal No. 32 of 2018; Mohamed Ali Sheikh v. Adbiwahab Osman Hathe and 3 Others delivered on 19th December, 2018.

(c) Pending the hearing and determination of the Application herein and the intended appeal, a conservatory order do issue against the Speaker of the …

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