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Walter Enock Nyambati Osebe v. Justus Mongumbu Omiti, Lawrence Ole Sempele & Electoral Commission of Kenya

(2011) JELR 96430 (CA)

Court of Appeal  •  Civil Application 222 of 2010  •  8 Mar 2011  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Joseph Gregory Nyamu

Judgement

RULING OF THE COURT

The application dated 28th September, 2010 seeks to stay the proceedings in Election Petition 1 of 2009 whose hearing has already commenced in the Kisii High Court and which we are informed is set down to proceed on a day to day basis commencing 9th March 2010. In the application the applicant is represented by learned counsel Mogikoyo assisted by Mr Omwenga while the first respondents are represented by learned counsel Mr Nowrojee assisted by Mr Kerongo and learned counsel, Mr Orora represents the 2nd and 3rd respondents.

The background to the application is that by a ruling and order of the Election Court (Ibrahim, J.) dated 11th day of July 2008 the learned Judge struck out the Election Petition filed by the 1st respondent on the ground that there was no due diligence to effect service on the applicant herein before serving him through publication in the Kenya Gazette of 25th January 2008 and in the Standard Newspaper. Aggrieved by the ruling of the superior court…

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