JUDGMENT OF OMOLO, J.A.
Following the last general elections held in Kenya on 27th December, 2002, The Electoral Commission of Kenya, the 3rd Respondent herein, vide Gazette Notice dated 3rd January, 2003, declared Abu Chiaba Mohamed, the Appellant herein, as the duly elected Member of Parliament for Lamu East Constituency in the Coast Province. The date of the declaration, namely 3rd January, 2003 is vital in the dispute before us because section 20 (1) (a) of the National Assembly and Presidential Elections Act Chapter 7 of the Laws of Kenya, “the Act” hereinafter provides and I quote: -
“A petition -------
(a)to question the validity of an election, shall be presented and served within twenty-eight days after the date of publication of the result of the election in the Gazette ..............................”
According to Election Cause No. 3 of 2003 filed by Mohamed Bwana Bakari on 27th January, 2003 at the Mombasa High Court Registry, Mohamed Bwana Bakari, the 1st Respondent herein, …