RULING OF OUKO J.A
The principal issue in the instant application is the effect of the alleged failure by the appellant, Nicholas Kiptoo Arap Korir Salat, to comply with Rule 77 of the Court of Appeal Rules, which provides:-
“77. (1) An intended appellant shall, before or within seven days after lodging notice of appeal, serve copies thereof on all persons directly affected by the appeal:”
I must clarify at this early stage that the Court of Appeal Rules are applicable in applications arising from election petitions on the force of Rule 35 of the Elections (Parliamentary and County Elections) Petition Rules, 2013 which provides that:-
“35. An appeal from the judgment and decree of the High Court shall be governed by the Court of Appeal Rules.”
Any person who desires to appeal to this Court from the decision of the High Court is by dint of Rule 75 required to give notice by lodging such a notice in writing with the Registrar of the High Court within 14 days of the date of the decision again…