MWAKWERE CHIRAU ALI V. AYUB JUMA MWAKESI & ANOR

RULING OF THE COURT

This is an appeal from the judgment of the High Court of Kenya at Mombasa (Ibrahim, J.) dated 5^th February, 2010 in the Election Petition No. 1 of 2008. When the appeal came up for hearing before us on 3^rd May, 2010 the appellant MWAKWERE CHIRAU ALI was represented by Mr. Mwenesi, Mr. Buti and Mr. Mabeya while Mr. Balala appeared for the 1^st respondent AYUB JUMA MWAKESI and Mr. Omwanza and Ms. Kadzo appeared for the 2^nd respondent, INTERIM INDEPENDENT ELECTORAL COMMISISON. Counsel appearing for the parties agreed that the outcome to this appeal shall determine Civil Appeal No. 42 of 2010 which concerned the same issues. Hence the Court made the following order:-

“By consent the Court to hear Civil Appeal No. 38 of 2010, and the outcome thereof to determine Civil Appeal No. 42 of 2010, which concerns the same issues and parties.” Before we could commence the hearing of the appeal, Mr. Balala raised a preliminary objection to the effect that this Court had no jurisdic…