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MAWATHE JULIUS MUSILI
V.
INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION & ANOTHER

(2018) JELR 97297 (SC)

Supreme Court 7 Sep 2018 Kenya
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Case Details

Suit Number:Civil Application 22 of 2018
Judges:David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala
Other Citations:Mawathe Julius Musili v. Independent Electoral & Boundaries Commission & another [2018] eKLR

RULING OF THE COURT

[1] For determination is the Notice of Motion Application brought under Certificate of Urgency dated 19th July, 2018 and lodged on 20th July, 2018. In the Application brought under the aegis of Article 163(4)(a) of the Constitution and Rules 23 and 26 of the Supreme Court Rules, 2012, and which application was certified as urgent by Ojwang, SCJ on 20th July, 2018, the Applicant seeks the following prayers;

(a) ....

(b) That there be a stay of execution against the judgment and decree delivered on 6th July, 2018 pending inter-partes hearing and final determination of this Application;

(c) That conservatory orders be issued restraining the 1st Respondent from certifying the position of the Member of Parliament for Embakasi South Constituency as vacant, pending the hearing and determination of the Appeal;

(d) That a conservatory order do issue restraining the 1st Respondent from announcing or conducting Member of National Assembly elections in Embakasi South Constituency…

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