PETER ODUOR NGOGE V. HON. FRANCIS OLE KAPARO, CLERK OF THE NATIONAL ASSEMBLY, ELECTORAL COMMISSION OF KENYA, HON. ATTORNEY-GENERAL, GEORGE ODINGA ORARO T/A ORARO & COMPANY ADVOCATES & NATIONAL ASSEMBLY OF KENYA

RULING

(1) Preliminary Questions bearing on Petition of Appeal

[1] It is not the substantive appeal by the petitioner that is, at this stage, being disposed of. The proposed appeal bears grievance against a Ruling of the Court of Appeal, upholding the High Court’s Ruling in the following terms:

“We are in no doubt that the applicant’s chamber summons dated 8^th October, 2007 was a frivolous side-show intended to keep the [main cause] pending in court. We therefore find that the High Court was right in dismissing it......”

[2] In a lengthy petition of appeal, the petitioner is contesting the Court of Appeal’s Ruling, on the basis of a varied set of Articles of the Constitution of Kenya, 2010.

[3] Whether or not such a grievance will be considered by the Supreme Court, is dependent on certain preliminary issues being raised at this stage. Such issues are concerned with procedure, and with jurisdiction. In the category of procedure, the following issues have been raised:

(i) can an Advocate in …