RULING
[1] The substantive matter before the Court is a Petition of appeal dated and filed on the even date of 26th October 2018. The appeal seeks to set aside the Court of Appeal (Ouko, P, Musinga and Murgor, JJA) judgment delivered in Election Petition Appeal No. 5 of 2018 as consolidated with Election Petition No. 1 of 2017, which judgment dismissed the Appellant’s appeal for lack of jurisdiction.
[2] Upon being served with the Petition of appeal, the 2nd Respondent (Applicant herein) filed a Notice of Motion Application dated 17th December 2018, subject of this Ruling. The application is stated to be brought under Rule 8 of the Supreme Court of Kenya Rules, 2012, Section 1A, 1B and 3A of the Civil Procedure Act, Order 51 Rule 1 of the Civil Procedure Rules 2010 and all other enabling provisions of the law.
[3] The application seeks for orders that: the 2nd Respondent be and is hereby granted leave to file an affidavit seeking to be excused from the proceedings before this Honorable C…