HASSAN NYANJE CHARO
V.
KHATIB MWASHETANI & 3 ORS

RULING

INTRODUCTION

[1] The applicant filed a Notice of Motion dated 15^th April, 2014 seeking extension of time to file an appeal to this Court, pursuant to Rule 33 of the Supreme Court Rules, 2012. The proposed appeal is against the Judgment and Orders of the Court of Appeal at Malindi, in Civil Appeal No. 39 of 2013 dated 27^th November, 2013.

BACKGROUND

[2] The applicant and the 4^th respondent (both voters in Lunga Lunga Constituency), being dissatisfied with the election results for Member of the National Assembly for that Constituency, filed two election petitions at the Election Court in Mombasa, contesting the same. The two petitions were consolidated and heard together. In its Judgment dated 26^th September, 2013 the Election Court nullified the election of the 1^st respondent as Member of National Assembly, and ordered fresh elections.

[3] The 1^st respondent, aggrieved by the decision of the Election Court, appealed to the Court of Appeal in Malindi Civil Appeal No. 39 of 2013, seeki…