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Peter Gichuki King'ara v. Independent Electoral And Boundaries Commission, James Mbai & Mary Wambui Munene

(2013) JELR 96571 (CA)

Court of Appeal  •  Civil Appeal. 23 Of 2013  •  10 Sep 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

Jurisdiction is everything and without it, the court must down its tools. The central issue in this appeal is whether this Court has jurisdiction to hear interlocutory appeals in an Election Petition. The present appeal arises from a ruling delivered on 6th August, 2013 in Election Petition No. 3 of 2013 which petition is yet to be determined by the High Court sitting at Nyeri.

The background is that by a Notice of Motion dated 3rd July, 2013 lodged at the High Court, the appellant sought inter alia orders for scrutiny and recount of the votes cast in all the polling stations in Othaya Constituency or in the alternative, a scrutiny or recount of the votes cast in 92 of the 112 polling stations in that Constituency during the general elections held on 4th March, 2013. Upon hearing the Motion, the Honorable Judge (Ngaah, J.) by a ruling dated 6th August, 2013 dismissed the Motion and expressed himself thus:-

“This court is convinced that it is capable of determining…

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