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Timamy Issa Abdalla v. Independent Elections & Boundaries Commission (IEBC), Adan Ali Mohamed, Fahim Yasin Twaha & Abdulkarim Abound Bwana

(2018) JELR 94841 (CA)

Court of Appeal  •  Election Petition Appeal (Application 4 of 2018)  •  17 May 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

RULING OF THE COURT

[1] This is an interlocutory application that sadly should never have escalated to the point of issuing a formal ruling. Learned Senior Counsel Mr. Pheroze Nowrojee may have thought so when he first addressed a letter to the President of the Court of Appeal on 3rd April, 2018 requesting that the above Election Petition Appeal be transferred to Nairobi for hearing and determination. The transfer of the appeal could perhaps have been an administrative action but this being an election petition dispute, nay all matters are not only contested but highly emotive. In response to the said letter, the President of the Court directed Senior Counsel Mr. Nowrojee to apply for such orders or directions regarding the transfer of the Election Petition Appeal to Nairobi from the Court seized of the matter at an appropriate time.

[2] It is against the foresaid background that on 2nd May, 2018, Messrs Aboubaker, Mwanakitina and Company Advocates, who are on record for the appellant f…

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