MUSA CHERUTICH SIRMA V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, ELDAMA RAVINE CONSTITUENCY RETURNING OFFICER (NDIRANGU PETER KURIA) & MOSES LESSONET

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 8^th of August, 2017. The petition was heard by Justice Edward Muriithi who in a judgment delivered on 2^nd 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 1^st applicant), Ndirangu Peter Kuria the Eldama Ravine Constitunecy Returning Officer (2^nd applicant) and Moses Lessonet (3^rd applicant) in two separate motions.

The first in time is filed by the 3^rd applicant which is a notice of motion dated 6^th 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 …