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Okiya Omtatah Okoiti v. Attorney General & Independent Electoral And Boundaries Commission

(2013) JELR 96616 (CA)

Court of Appeal  •  Civil Application 169 of 2013 (UR 117/2013)  •  25 Jul 2013  •  Kenya

Coram
David Kenani Maraga, Roselyn Naliaka Nambuye, Jamila Mohammed

Judgement

RULING OF THE COURT

This is an application by OKIYA OMTATAH OKOITI (the Applicant) seeking a stay of the Makueni Senatorial by-election (the by-election) scheduled for the 26th July, 2013 pending the hearing and determination of his intended appeal against the ruling of the High Court (Majanja, J) delivered on 8th July 2013 in Constitutional Petition No. 354 of 2013 (the Petition). The application is brought under Sections 3, 3A, 3B and 7 of the Appellate Jurisdictions Act and Rule 4 of the Court of Appeal Rules. It seeks, inter alia, orders:-

That the July 26th Makueni Senatorial By-election be stayed pending the hearing and determination of the Application herein inter-partes.

That the July 26th Makueni Senatorial By-election be stayed pending the hearing and determination of the Appeal herein inter-partes. In the alternative, that Diana Kethi Kilonzo’s name be included in the ballot as damage for not doing so is irreversible where (sic) it turns out that the 2nd Respondent’s Nominatio…

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