JUDGMENT OF THE COURT
This is an appeal from the ruling of the superior court (Waweru J) delivered at Nairobi on 7th August, 2003 in which the learned Judge struck out the appellant’s petition on the ground that there was no personal service of the petition upon the 2nd respondent within the time prescribed by section 20(1)(a) of the National Assembly and Presidential Elections Act (Cap.7 Laws of Kenya).
The appellant herein, Peter Leo Agweli Onalo as the Petitioner in the Election Petition No. 1 of 2003 lodged his petition in the High Court pursuant to the National Assembly and Presidential Elections Act and the Elections Offences Act (Cap.66 Laws of Kenya) seeking the nullification of the election of Bitta Sauti Raphael Wanjala (2nd respondent) as the Member of Parliament for Budalangi Constituency in the General Elections held on 27th December, 2002. Eliakim Ludeki, (1st Respondent) was the Returning Officer for the said Constituency while the Electoral Commission of Kenya (3rd Respo…