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Stephen M Mogaka v. Independent Electoral and Boundaries Commission, Vincent Kemosi Mogaka & Returning Officer, West Mugirango Constituency

(2018) JELR 93849 (CA)

Court of Appeal  •  Election Petition Civil Appeal 2 of 2017  •  19 Jun 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: E . M. GITHINJI, HANNAH OKWENGU and

J. MOHAMMED, JJ.A.)

ELECTION PETITION CIVIL APPEAL NO. 2 OF 2017

BETWEEN

STEPHEN M. MOGAKA............................................................APPELLANT

AND

INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION.................................FIRST RESPONDENT

VINCENT KEMOSI MOGAKA...........................SECOND RESPONDENT

RETURNING OFFICER, WEST

MUGIRANGO CONSTITUENCY..........................THIRD RESPONDENT

(Appeal from the judgment of the High Court of Kenya at Nyamira,

(Makau, J.) dated 21st November, 2017

in

HIGH COURT ELECTION PETITION NO. 2 OF 2017)

***********************************

ORDER OF THE COURT

This matter was listed for a notice for the appellant to show cause as to why his appeal should not be struck out for failing to take further action from the time the notice was filed.

Although the appellant has not attended Court, a notice of withdrawal of the appeal was filed yesterday through his advocate.

Mr. Mogikā€¦

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