JUDGMENT OF THE COURT
There are several interlocutory applications in this matter which, for good order,we must deal with in limine. In their nature they raise jurisdictional issues which may well dispose of the main appeal.
The main appeal purports to challenge the election of Mohamed Yusuf Haji (Haji) as the Senator for Garissa County in the general elections that took place on 8th August, 2017. We say "purported" advisedly, because that is one of the issues we have to grapple with in one of the applications. There were six other candidates for that post who lost to Haji, but they did not file any petition to challenge the election. The petition before the High Court, sitting as an election Court, was filed by three voters from the county and they were entitled to do so. One of the petitioners, however, was struck out before the petition was heard, leaving two petitioners. Among the respondents named in the petition was the "County Commandant, Garissa County" whose name was also struc…