THOMAS MALINDA MUSAU, STEPHEN NDAMBUKI MULI & JOHN NTHULI MAKENZI V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, LEONARD OKEMWA (RETURNING OFFICER) & STEPHEN MUTINDA MULE

RULING OF THE COURT

1. Thomas Malinda Musau, Stephen Ndambuki Muli and John Nthuli Makenzi, (the applicants) have moved this Court by way of a Notice of Motion dated 6th February, 2014 for leave to appeal to the Supreme Court against the judgment of this Court delivered on 31st January, 2014. The motion is said to be premised on Article 163(4)(b) of the Constitution.

2. In the said judgment, this Court (G.B.M. Kariuki, P. O. Kiage and K. M’Inoti, JJ.A) allowed the appeal mounted by the 1st and 2nd respondents herein, in which the High Court nullified the election of Stephen Mutinda Mule (1st respondent in the Appeal) as a member of the National Assembly for Matungulu Constituency. The Court also ordered the three applicants herein to pay the appellant and Stephen Mutinda Mule (1st respondent in the appeal) costs of the appeal and of the petition at the High Court.

3. These orders do not appear to have settled well with the applicants and so on 6th February, 2014 they moved to this Court …