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Musa Cherutich Sirma v. Independent Electoral and Boundaries Commission, Eldama Ravine Constituency Returning Officer (Ndirangu Peter Kuria) & Moses Lessonet

(2018) JELR 98795 (CA)

Court of Appeal  •  Election Petition Appeal (Application) 9 of 2018  •  31 May 2018  •  Kenya

Coram
Philip Nyamu Waki, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

Musa Cherutich Sirma (“the applicant”) filed at the High Court of Kenya at Kabarnet Election Petition No. 1 of 2017 where he challenged the election of Moses Lessonet as the Member of Parliament of Eldama Ravine Constituency in Baringo County during the national elections that were conducted on 8th of August, 2017. The petition was heard by Justice Edward Muriithi who in a judgment delivered on 2nd March, 2018 dismissed the petition. The appellant filed Election Petition Appeal No. 9 of 2018 but this has been challenged by the appellants, the Independent Electoral and Boundaries Commission (the 1st applicant), Ndirangu Peter Kuria the Eldama Ravine Constitunecy Returning Officer (2nd applicant) and Moses Lessonet (3rd applicant) in two separate motions. The first in time is filed by the 3rd applicant which is a notice of motion dated 6th April, 2018 said to have been brought under Article 159(2) (d) of the Constitution of Kenya, 2010, rule 17(1) and 27 of the Court …

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