RICHARD NYAGAKA TONG'I
V.
CHRIS MUNGA N. BICHAGE & 2 OTHERS

RULING

A. INTRODUCTION

[1] The applicant, Richard Nyagaka Tong’i, brought before this Court an application by way of Notice of Motion dated 6^th June, 2014, founded upon Section 21 (2) of the Supreme Court Act, 2011, Rules 23, 31 (1) and 33 (1) of the Supreme Court Rules 2012; and all other applicable provisions of the law. He sought Orders as follows:

(i) the appeal herein, dated 14^th May, 2014 be struck off for having been filed out of time as stipulated under Rules 31(1) and 33(1) of the Supreme Court Rules, 2012;

(ii) the appeal herein be struck off for having been rendered nugatory by subsequent events, more particularly the Parliamentary elections for Nyaribari Chache Constituency held on 30^th December, 2013;

(iii) the appeal herein be struck off as it is substantially anchored on issues not raised during trial in Election Petition No. 5 of 2013, or on appeal in Civil Appeal No. 48 of 2013;

(iv) the appeal herein dated be struck off for being an abuse of the justice system, and an a…