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STEPHEN KINYANJUI MBURU
V.
SIMON RUBIRU GAKUHA & 2 OTHERS

(2008) JELR 93092 (CA)

Court of Appeal 21 Nov 2008 Kenya
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Case Details

Suit Number:Civil Appli 99 of 2008
Judges:Riaga Samuel Cornelius Omolo
Location:Nairobi
Other Citations:Stephen Kinyanjui Mburu v. Simon Rubiru Gakuha & 2 others [2008] eKLR

RULING

Stephen Kinyanjui Mburu, the applicant herein, was apparently a candidate in the 2002 general elections for the Kinangop Constituency Parliamentary seat. He was defeated in that contest by Waithaka Mwangi K., the third respondent herein. The applicant was dissatisfied by the manner of his defeat, and he filed an Election Petition No. 1 of 2003. That petition was struck out by the then Mr. Justice Ransley on 13th July, 2005. The applicant has always wanted to appeal against the order striking out his petition. He filed a notice of appeal on 22nd July, 2005 and applied for proceedings and the order striking out the petition. According to the applicant he was supplied with the proceedings on 11th July, 2007 and a certificate of delay was also supplied to him on 13th July, 2007. For some reason of his own, the applicant, instead of filing the appeal, chose to file an application for extension of time to file a record of appeal out of the prescribed time. That application came up for…

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