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JOSEPH AMISI OMUKANDA
V.
INDEPEDENT ELECTORAL AND BOUNDARIES COMMISSION OF KENYA & 2 OTHERS

(2015) JELR 97026 (SC)

Supreme Court 12 May 2015 Kenya
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Case Details

Suit Number:Civil Application 32 of 2014
Judges:Philip Kiptoo Tunoi, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu
Other Citations:Joseph Amisi Omukanda v. Indepedent Electoral and Boundaries Commission of Kenya & 2 others [2015] eKLR

RULING

A. INTRODUCTION

[1] This is an application dated 28th July, 2014 brought under certificate of urgency, seeking the following Orders:

i. the motion be certified as urgent, and heard inter parties on priority basis;

ii. the applicant be granted leave for extension of time to lodge the record of appeal against the Judgment and Order of the Court of Appeal at Kisumu, in Civil Appeal No.45 of 2013 dated 14th March, 2014;

iii. the costs of this application to abide the outcome of the intended appeal.

[2] The application is premised on Rule 33 of the Supreme Court Rules, 2012, Section 15(2) 0f the Supreme Court Act, and Article 163(4)(a) of the Constitution.

B. BACKGROUND

[3] The applicant, Joseph Amisi Omukanda, was one of the 8 candidates who contested the National Assembly seat for Navakholo Constituency, during the 4th March, 2013 General Elections. On 5th March, 2013, the IEBC declared the 3rd respondent, Emmanuel Wangwe, to be the winner and duly-elected member of the National Assembly…

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