MOSES MASIKA WETANGULA
V.
MUSIKARI NAZI KOMBO & 2 ORS

JUDGMENT

INTRODUCTION

[1] The appellant filed his petition of appeal to this Court on 25^th April, 2014 contesting the Judgment of the Court of Appeal of 14^th March, 2014 which upheld the decision of the High Court (Gikonyo, J) rendered on 30^thSeptember, 2013: particularly, the finding that the appellant had committed the election offences of bribery and treating of voters.

[2] The Petition is premised on nine grounds, as follows:

(a) the High Court sitting as an election Court pursuant to Article 105(1) of the Constitution, did not have jurisdiction to hear and determine the petition dated and filed on 8^th April, 2013;

the Court of Appeal erred in law in holding that allegations of commission of an election offence against a respondent in an election petition are sufficient notice to the respondent, that the petitioner intends to prove criminal charges against him;

the Court of Appeal erred in holding that a respondent in an election petition, upon service of the petition, must be prepared …