Andrew Toboso Anyanga v Mwale Nicolas Scott Tindi , Habil Nanjendo Bushuru, Returning Officer, Butere (Constituency) & Independent Electoral and Boundaries Commission [2018] KECA 503 (KLR)

IN THE COURT OF APPEAL

AT KISUIMU

(CORAM:  E. M. GITHINJI, HANNAH OKWENGU &

J. MOHAMMED, JJ.A.)

ELECTION APPEAL NO. 3 OF 2017

IN THE MATTER OF THE ELECTIONS ACT 2011

AND

IN THE MATTER OF ARTICLES 1, 10, 15, 22, 23, 38, 81, 83,

87 AND 99 OF THE CONSTITUTION OF KENYA, 2010

AND

IN THE MATTER OF ELECTION FOR THE MEMBEROF

PARLIAMENT FOR BUTERE CONSTITUENCY

HELD ON8TH OF AUGUST, 2017

BETWEEN

ANDREW TOBOSO ANYANGA...........................APPELLANT

AND

MWALE NICOLAS SCOTT TINDI.......FIRST RESPONDENT

HABIL NANJENDO BUSHURU.......SECOND RESPONDENT

RETURNING OFFICER,

BUTERE (CONSTITUENCY)...............THIRD RESPONDENT

THE IDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION.........FOURTH RESPONDENT

(Appeal from the ruling/order of the High Court of Kenya at Kakamega

(Sitati, J)dated 23rd October, 2017

in

Election Petition No. 12 of 2017)

*********************

ORDER OF THE COURT

It is apparent that the 2nd respondent has not been served with a hearing notice.  In the circumstances, we take the matter out of the hearing list and direct that it be listed for hearing on 12/4/2018 and that the appellant assists the Court in serving the hearing notice on the advocate for 2nd respondent.

Further, we grant leave to the appellant to file and serve a supplementary rules of appeal within 10 days from today.

DATED at Kisumu this 22nd February, 2018.

E. M. GITHINJI

....................................

JUDGE OF APPEAL

HANNAH OKWENGU

.....................................

JUDGE OF APPEAL

J. MOHAMMED

....................................

JUDGE OF APPEAL

I certify that this isa true copy of the original.

DEPUTY REGISTRAR.