ALICEN J. R. CHELAITE vs DAVID MANYARA NJUKI,SIMON OLE KERORE & ELECTORAL COMMISSION [1998] KECA 269 (KLR)

IN THE COURT OF APPEAL AT NAIROBI (Coram: KWACH, PALL & OWUOR JJ.A) CIVIL APPEAL NO. 150 OF 1998 BETWEEN ALICEN J.R. CHELAITE ..................................APPELLANT AND DAVID MANYARA NJUKI ................................ 1ST RESPONDENT SIMON OLE KERORE ................................... 2ND RESPONDENT ELECTORAL COMMISSION ............................... 3RD RESPONDENT (Appeal from the Ruling of the High Court of Kenya  at Nakuru (Hon. Lady Justice Aluoch) dated 2nd July, 1998 JUDGMENT OF OWUOR J.A

I have had the advantage of reading in draft the Judgments of my brothers, Kwach and Pall JJ.A. I fully agree with them that for the reasons they have given, this appeal should be dismissed with costs. In the course of argument, I was inclined to think that there was indeed a conflict between section 20(1) (a) of the National Assembly and Presidential Election Act Cap 7 and Rule 14(1) of the National Assembly Election (Election Petition) Rules, but on reflection and having read my bothers' Judgments, I am satisfied that there is none.

The efficacy of Rule 14(1) has not been affected by the amendment of section 20(1) (a) of the Act, introduced by Act No. 10 of 1997. Dated and delivered at Nakuru this 16th day of October, 1998. E. OWUOR JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR