WALTER ENOCK NYAMBATI OSEBE V. JUSTUS MONGUMBU OMITI, LAWRENCE OLE SEMPELE & ELECTORAL COMMISSION OF KENYA

RULING OF THE COURT

The application dated 28^th 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 9^th 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 2^nd and 3^rd respondents.

The background to the application is that by a ruling and order of the Election Court (Ibrahim, J.) dated 11^th day of July 2008 the learned Judge struck out the Election Petition filed by the 1^st 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 25^th January 2008 and in the Standard Newspaper. Aggrieved by the ruling of the superior court…