JOHN KOYI WALUKE
V.
MOSES MASIKA WETANGULA & 2 OTHERS

RULING OF THE COURT

ON REFERENCE TO THE FULL COURT

JOHN KOYI WALUKE, (applicant/appellant) took out a notice of motion expressed as having been brought “Under Rule 4 and 42 of Cap. 9 of the Laws of Kenya and Section 59 of the Interpretation and General Provisions Act Chapter 2 of the Laws of Kenya and other enabling provisions of the law” seeking the following orders:-

“1. That this Honourable Court be pleased to extend time within which the applicant/appellant herein may serve the Notice of Appeal filed on 24^th November, 2009 from the Ruling and Order of the High Court at Bungoma by Lady Justice Florence Muchemi delivered on 18^th November, 2009 in Election Petition No. 1 of 2008 and the record of appeal subsequently filed be deemed to have been properly filed.

In the alternative:

2. That this Honourable Court be pleased to deem the Notice of Appeal filed by the Appellant/Applicant on 24^th November, 2009 and served upon the respondents and/or affected parties on the 4^th December, 2009 as …