ORDER OF THE COURT
This appeal is against that part of the Ruling and decision of the High Court (Ochieng J) which decided that although Section 76 of the Elections Act is unconstitutional the 1st respondent's is petition filed in the High Court will not be struck out but would nevertheless proceed to hearing.
The hearing of the petition started today.
Both Mr. Ahmednassir Senior Counsel and Mr. Buti learned counsel for the appellant addressed the Court fully this morning. Their contention in essence is that the learned trial Judge having found that Section 76 of the Elections Act was in consistent with Article 87 (2) of the Constitution regarding whether the petition should be filed within 28 days of the declaration of results by the Independent Electoral and Boundaries Commission or within 28 days of the publication of the results in the Kenya Gazette, the trial Judge should have struck out the petition. They also contend that the continuation of the election proceedings after that fin…