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STEPHEN KINYANJUI MBURU V. SIMON RUBIRU GAKUHA, ELECTORAL COMMISSION OF KENYA & WAITHAKA MWANGI K

(2008) JELR 93092 (CA)

Court of Appeal  •  Civil Appli 99 of 2008  •  21 Nov 2008  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement
<p class="ql-align-center">RULING</p><p>Stephen Kinyanjui Mburu, the applicant herein, was apparently a candidate in the 2002 general elections for the Kinangop Constituency Parliamentary seat. He was defeated in that contest by Waithaka Mwangi K., the third respondent herein. The applicant was dissatisfied by the manner of his defeat, and he filed an Election Petition No. 1 of 2003. That petition was struck out by the then Mr. Justice Ransley on 13<sup>th</sup> July, 2005. The applicant has always wanted to appeal against the order striking out his petition. He filed a notice of appeal on 22<sup>nd</sup> July, 2005 and applied for proceedings and the order striking out the petition. According to the applicant he was supplied with the proceedings on 11<sup>th</sup> July, 2007 and a certificate of delay was also supplied to him on 13<sup>th</sup> July, 2007. For some reason of his own, the applicant, instead of filing the appeal, chose to file an application for extension of time to file a record of appeal out of the prescribed time. That application came up for…</p>

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