WILLIAM MAINA KAMANDA V. MARGARET WANJIRU KARIUKI, MANASSEH MUGASIA & ELECTORAL COMMISSION OF KENYA

RULING OF THE COURT

This ruling is in respect of two applications which were heard together.

The first application which was filed by William Maina Kamande (first applicant) on 29^th October, 2008 seeks an order that the Civil Appeal No. 221 of 2008 be struck out on the ground that it was not filed within 30 days from the date of the decision appealed from in contravention of Section 23 (4) of the National Assembly and Presidential Elections Act. The second application which is made under the inherent jurisdiction of the Court was filed by Margaret Wanjiru Kariuki (second applicant) two days later on 31^st October, 2008 for three orders, namely:

1. To confirm that Nairobi Civil Appeal Number 221 of 2008 was filed within time limited and in the alternative;

2. ...... Court be pleased to extend time for filing the appeal herein by a period of 1 day.

3. That the appeal filed as Civil Appeal No. 221 of 2008 be deemed properly and accordingly filed.

It is expedient to give a synopsis of the procee…