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)
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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. Mogik…