VINCENT KEMOSI MOGAKA V. INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION,MUGIRANGO CONSTITUENCY & STEPHEN M. MOGAKA

RULING OF THE COURT

[1] This is an application dated 10^th January, 2018 for an order that the Notice of Appeal dated 21^st December, 2017 and filed by Stephen M. Mogaka, the 3^rd respondent herein through his advocates M/S Musyoki Mogaka and Co. Advocates be struck out on the grounds that the notice of appeal was not served within the prescribed time, and, further that the 3^rd respondent has failed to deposit Shs.500,000/= as security for costs.

The respondents including the 3^rd respondent herein did not attend the hearing of the application although served with the hearing notice.

[2] While the application was pending for a Ruling, the Court on its own motion issued a notice dated 16^th May, 2018 to show cause why the same notice of appeal should not be struck out as no appeal has been filed within the 30 days stipulated by section 85A (1) (a) of the Elections Act. The Notice to show cause came for hearing today. The appellant’s advocates M/S Musyoki Mogaka and Co. Advocates did not attend…