WALTER ENOCK NYAMBATI OSEBE
V.
INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION & 2 OTHERS

JUDGMENT OF THE COURT

Introduction

1. In a judgment delivered on 28^th February 2018, the High Court at Nyamira (J.A. Makau, J) held that the 3^rd respondent was validly declared by the 1^st respondent hereinafter, Independent Electoral and Boundaries Commission (IEBC) as having been duly elected as the Governor of Nyamira County during the general elections held on 8^th August 2017. The appellant, who had petitioned the High Court to nullify that election, has appealed to this Court to reverse the said decision of the High Court and to order IEBC to conduct a fresh election for the office of Governor of Nyamira County, in conformity with the Constitution and election laws and regulations.

2. The 3^rd respondent has in turn applied, by an application dated 28^th March 2018, to have this appeal struck out on the grounds that the notice of appeal as well as the memorandum and record of appeal are incompetent because the appellant did not file a notice of appeal in accordance with Rule 6 of the C…