NDIRITU MURIITHI V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, DIRECTOR OF PUBLIC PROSECUTIONS & PETER NGUGI NDONYO

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: WAKI, KIAGE and SICHALE, JJ.A)

CIVIL APPEAL (APPLICATION) NO. 72 OF 2018

BETWEEN

HON. NDIRITU MURIITHI..........................APPELLANT/APPLICANT

AND

INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION.....................................1^ST RESPONDENT

THE DIRECTOR OF PUBLIC PROSECUTIONS.....2^ND RESPONDENT

PETER NGUGI NDONYO............................................3^RD RESPONDENT

(An application for stay of execution under Rule 5 (2) (b) of the Court of Appeal Rules

pending the hearing of an appeal from the Judgment/Decree of the High Court of

Kenya at Nairobi (Richard Mwongo, J) dated 1^st August, 2017 in Judicial

Review Appl. No. 133 of 2017 Formerly EPA No. 133 of 2017)

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RULING

The applicant, Hon. Ndiritu Muriithi filed a notice of motion dated 21^st March, 2018. Independent Electoral Boundaries Commission (IEBC) was named as the 1^st respondent, the Director of Public Prosecutions (DPP) was named as the 2^nd respondent, whilst Peter Ngugi Ndon…