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TOMITO ALEX TAMPUSHI V. PATRICK SOSIO LEKAKENY, MACHARIA OMBOGO ELIJAH, GEORGE OKUMU ADERA & INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION

(2018) JELR 94854 (CA)

Court of Appeal  •  Civil Application 104 of 2018 (UR 66/2018)  •  19 Oct 2018  •  Kenya

Coram
Philip Nyamu Waki

Judgement

RULING

The application filed herein on 14th August, 2018, invokes Regulations 5 and 17 of the Court of Appeal (Election Petition) Rules to seek the following substantive orders:

"2. THAT this honourable court be pleased to extend the time upon which the Applicant/Appellant can file the Notice of Appeal and Record of Appeal respectively.

3. THAT the Record of appeal and Notice of appeal filed herein be admitted out of time and be deemed as properly filed by this honourable court."

The applicant explains that he was late in filing the notice of appeal and the appeal itself due to bereavement of counsel on record, and because of lack of funds for security deposit.

The application is, however, opposed by the respondents on two planes; firstly, through a notice of preliminary objection (PO) filed by the 1st respondent asserting that this Court lacks the jurisdiction to entertain and/or determine the intended appeal and it would be futile to extend time for filing any. Indeed it is disclosed tha…

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