TWAHER ABDULKARIM MOHAMMED V. MWATHETHE ADAMSON KADENGE, INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION (IEBC) & HAMISI HALFANI TSUMO

RULING OF THE COURT

The 1^st respondent, Mwathethe Adamson Kadenge has raised a preliminary objection to the jurisdiction of this Court to hear the instant appeal. At the same time the 2^nd and 3^rd respondents, that is, the Independent Electoral and Boundaries Commission and Hamisi Halfani Tsumo (the Returning Officer) have, for their part also taken out a motion on notice praying that the appeal be struck out with costs for want of jurisdiction.

The notice of preliminary objection and the notice of motion were, by consent consolidated and thereafter argued together. This ruling therefore relates to both.

The appeal herein is against the decision of the High Court (Chitembwe, J) dismissing an appeal from the judgment and decree of the Malindi Chief Magistrate Court in Election Petition No. 1 of 2014. That petition arose out of a by-election outcome for the seat of Member of the County Assembly (MCA), Shella Ward in which the 1^st respondent was declared by the 2^nd and 3^rd respondents duly e…