SULEIMAN SAID SHAHBAL
V.
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & 3 ORS

JUDGMENT

A. INTRODUCTION

[1] This is an appeal against the Judgment of the Court of Appeal, dated 23^rd April, 2014, declaring the appeal incompetent and consequently, striking it out.

B. BACKGROUND

[2] The appeal arose from an election dispute in the Mombasa gubernatorial election held in March, 2013. The outcome of this election touched off a prolonged course of litigation. The dispute began in the aftermath of the elections. On 10^th April, 2013, the appellant challenged the declaration of the 3^rd and 4^th respondents as the duly-elected Governor and Deputy Governor for Mombasa County, at the Mombasa High Court, in Suleiman Said Shahbal v. Independent Electoral and Boundaries Commission (IEBC) and Three Others, Election Petition No. 8 of 2013.

[3] On 30^th April, 2013, the 3^rd and 4^th respondents filed an application under Rule 17(1)(d) of the Elections (Parliamentary and County Elections) Petition Rules, 2013 seeking a declaration of invalidity of the provisions of Section 76(1)(a) of the …