RULING OF THE COURT
The 1st respondent, Mwathethe Adamson Kadenge has raised a preliminary objection to the jurisdiction of this Court to hear the instant appeal. At the same time the 2nd and 3rd respondents, that is, the Independent Electoral and Boundaries Commission and Hamisi Halfani Tsumo (the Returning Officer) have, for their part also taken out a motion on notice praying that the appeal be struck out with costs for want of jurisdiction.
The notice of preliminary objection and the notice of motion were, by consent consolidated and thereafter argued together. This ruling therefore relates to both.
The appeal herein is against the decision of the High Court (Chitembwe, J) dismissing an appeal from the judgment and decree of the Malindi Chief Magistrate Court in Election Petition No. 1 of 2014. That petition arose out of a by-election outcome for the seat of Member of the County Assembly (MCA), Shella Ward in which the 1st respondent was declared by the 2nd and 3rd respondents duly e…