BWANA MOHAMED BWANA
V.
SILVANO BUKO BONAYA & 2 OTHERS

RULING OF THE COURT

BACKGROUND

[1] This is a petition of appeal by Bwana Mohamed Bwana (the appellant) filed in this Court on the 8^th May, 2014. The petition arises from a Ruling of the Court of Appeal, that dismissed the appellant’s appeal to that Court.

[2] The facts are that on 23^rd October, 2013 the appellant, a voter in Lamu County and who participated in the general elections of 4^th March 2013, filed an election petition in the High Court at Malindi being Election Petition No. 7 of 2013. The petition was dismissed by Muchemi, J on 23^rd September, 2013.

[3] The appellant then appealed to the Court of Appeal on 23^rd October, 2013 challenging the Judgment of the High Court, on twenty grounds as contained in the memorandum of appeal.

[4] On 7^th November, 2013 the matter was listed for directions but was rescheduled for mention on 20^th November, 2013 when it was realized that Mr. Abubakar, learned counsel for the appellant, had not duly served the respondents with the amended record of ap…