SULEIMAN MWAMLOLE WARRAKAH & 2 ORS
V.
MWAMLOLE TCHAPPU MBWANA & 4 ORS

JUDGMENT OF THE COURT

1. INTRODUCTION

[1] The petitioners moved this Court under Articles 22(1) and (2), 23(3)(a), 82(e), 159(2) and 259(1)(b) of the Constitution vide an appeal dated 22^nd June, 2018 on 25^th June, 2018, appealing against the Ruling and Order of the Court of Appeal (Visram, Karanja and Koome, JJA), sitting at Mombasa dated 17^th May, 2018 in Election Petition No. 4 of 2017. The Court of Appeal decision dismissed the petitioner’s application seeking to substitute the 1^st respondent as appellant/petitioner in the case.

[2] On 18^th July, 2018, the 2^nd to 5^th respondents filed a Preliminary Objection pursuant to Article 163(4) of the Constitution and Section 3 of the Supreme Court Act alleging that the Appeal does not raise matters of constitutional interpretation or application. Likewise, they alleged that the petition has not been certified as one involving a matter of general public importance.

[3] The Preliminary Objection was canvassed before this Court on 27^thSeptember, 2…