HARRIET KERUBO ONGERA
V.
ROSE MOTURI MWENE & 3 ORS

RULING OF THE COURT

[1] This Ruling relates to an application dated 15^th September, 2018, made by Harriet Kerubo Ongera (applicant), the 3^rd respondent in the Court of Appeal Kisumu Election Petition Appeal No. 43 of 2018.

The applicant seeks an order that the Election Petition Appeal No. 43 of 2018 be struck out on various grounds including the ground that no appeal lies to this Court from the judgment of the High Court dated 10^th, August, 2018.

[2] The application is brought under various provisions of the Court of Appeal (Election Petition) Rules, 2017, including Rule 19; sections 75 A and 85 A of the Elections Act and other provisions of the law.

The application is supported by the affidavit of Joseph Oguttu Mboya, learned counsel for the applicant.

The applicant has filed written submissions and list of authorities in support of the application. In addition, the applicant’s counsel made oral submissions in support of the application.

[3] The application is supported by the Independent …