PETER LEO AGWELI ONALO
V.
ELIAKIM LUDEKI & 2 OTHERS

JUDGMENT OF THE COURT

This is an appeal from the ruling of the superior court (Waweru J) delivered at Nairobi on 7^th August, 2003 in which the learned Judge struck out the appellant’s petition on the ground that there was no personal service of the petition upon the 2^nd respondent within the time prescribed by section 20(1)(a) of the National Assembly and Presidential Elections Act (Cap.7 Laws of Kenya).

The appellant herein, Peter Leo Agweli Onalo as the Petitioner in the Election Petition No. 1 of 2003 lodged his petition in the High Court pursuant to the National Assembly and Presidential Elections Act and the Elections Offences Act (Cap.66 Laws of Kenya) seeking the nullification of the election of Bitta Sauti Raphael Wanjala (2^nd respondent) as the Member of Parliament for Budalangi Constituency in the General Elections held on 27^th December, 2002. Eliakim Ludeki, (1^st Respondent) was the Returning Officer for the said Constituency while the Electoral Commission of Kenya (3^rd Respo…