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MOSES MASIKA WETANGULA V. MUSIKARI NAZI KOMBO, INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION & MADAHANA MBAYAH

(2015) JELR 96899 (SC)

Supreme Court  •  Petition 12 of 2014  •  17 Mar 2015  •  Kenya

Coram
Philip Kiptoo Tunoi, Kalpana Hasmukhrai Rawal, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Willy Munywoki Mutunga

Judgement
<p class="ql-align-justify">JUDGMENT</p><p class="ql-align-justify">INTRODUCTION</p><p class="ql-align-justify">[1] The appellant filed his petition of appeal to this Court on 25<sup>th</sup> April, 2014 contesting the Judgment of the Court of Appeal of 14<sup>th</sup> March, 2014 which upheld the decision of the High Court (<em>Gikonyo, J</em>) rendered on 30<sup>th</sup>September, 2013: particularly, the finding that the appellant had committed the election offences of bribery and treating of voters.</p><p class="ql-align-justify">[2] The Petition is premised on nine grounds, as follows:</p><p class="ql-align-justify"><em>(a) the High Court sitting as an election Court pursuant to Article 105(1) of the Constitution, did not have jurisdiction to hear and determine the petition dated and filed on 8</em><em><sup>th</sup></em><em> April, 2013;</em></p><p class="ql-align-justify"><em>the Court of Appeal erred in law in holding that allegations of commission of an election offence against a respondent in an election petition are sufficient notice to the respondent, that the petitioner intends to prove criminal charges against him;</em></p><p class="ql-align-justify"><em>the Court of Appeal erred in holding that a respondent in an election petition, upon service of the petition, must be prepared …</em></p>

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