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NICHOLAS KIPTOO ARAP KORIR SALAT V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, WILFRED ROTICH LESAN, ROBERT SIOLEI COUNTY RETURNING OFFICER BOMET COUNTY, KENNEDY OCHAYO, WILFRED WAINAINA, PATRICK WANYAMA, MARK MANZO & ABDIKADIR SHEIKH

(2014) JELR 96864 (SC)

Supreme Court  •  Application 16 of 2014  •  4 Jul 2014  •  Kenya

Coram
Mohammed Khadhar Ibrahim, Smokin C Wanjala

Judgement

RULING

INTRODUCTION

This is an application by way of Notice of Motion dated 24th April, 2014 brought under Rule 23, 33(1) and 53 of the Supreme Court Rules 2012 seeking orders:

THAT the Honourable Court be pleased to extend the time limited for filing of the Petition of Appeal herein and that the Petition of Appeal filed herein be deemed duly filed.

THAT cost be in the cause.

The application is premised upon twelve (12) grounds in the body of the application and the Supporting Affidavit of the Applicant, Nicholas Kiptoo Arap Korir Salat, dated 24th April, 2014.

BACKGROUND

A brief background to this matter suffices. Both the applicant and 2nd respondent, Wilfred Rotich Lesan, were among the contestants in the General Elections held on the 4th March, 2013, for Bomet County Senatorial seat. On the 6th March, 2013, the 2nd respondent was declared the duly elected Senator for Bomet County by the Independent Electoral and Boundaries Commission, the 1st respondent through their agent Robert Siolei,…

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