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Peninah Nandako Kiliswa v. Independent Elections and Boundaries Commission, Ford Kenya & Edith Were Shitandi

(2014) JELR 95000 (CA)

Court of Appeal  •  Civil Appeal 201 of 2013  •  28 Feb 2014  •  Kenya

Coram
Roselyn Naliaka Nambuye, George Benedict Maina Kariuki, William Ouko

Judgement

RULING OF THE COURT

1. Peninah Nandako Kiliswa, the appellant in this appeal, made an application to this Court on 23.10.2013 by way of notice of motion dated 14.10.2013 seeking an order to be allowed to adduce additional evidence. In the affidavit sworn by the appellant on 14.10.2013 in support of the application, the latter avers that “through an error of oversight” she filed and served a copy of “mixed-up documents as evidence that had been supplied to her by the 2nd respondent, Ford Kenya.”

2. The said document, averred the appellant, on the face of it, related to the appellant’s reinstatement as the 2nd respondent’s choice for the gender top-up position in Bungoma County. However:

“on the back of the said document, unbeknown to her was attached the wrong affidavit signed by the 2nd respondent’s Secretary General, relating to Turkana County instead of Bungoma County.”

The appellant further averred that she was not aware of the mix-up in the document until the 3rd respondent, Edith Wer…

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