ABDI NASSIR NUH
V.
ABDUREHEMAN HASSAN HALKANO & 2 ORS

RULING OF THE COURT

There are two almost identical applications before this Court, both seeking an order that the record of appeal filed by Abdureheman Hassan Halkano(appellant) on 24^th October, 2008 be struck out. The first application is by Abdi Nassir Nuh, the successful candidate in the last general elections held in Kenya on 27^th December, 2007 (“the general elections”). He was the first respondent in an election petition No. 6 of 2008 (Mombasa) filed by the appellant.

The second application is by Joel G. Mwamburi and The Electoral Commission of Kenya who were 2^nd and 3^rd respondents respectively in the aforesaid election petition. Both the applications are filed pursuant to rules 4, 13, 80 and 85 (1) (d) of the Court of Appeal Rules, and are based on the following grounds:

“(a) The Record of Appeal does not comply with Rule 85 (1) (d), of the Court of Appeal Rules.

(b) The Record of Appeal, particularly volume (2) are the handwritten proceedings of the Deputy Registrar contrary to…