David Kerario Marwa v Boaz Awiti Okoth, Clerk, Migori County Assembly & George Okinyi Omamba [2018] KECA 496 (KLR)

IN THE COURT OF APPEAL

AT KISUMU

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

J. MOHAMMED, JJ.A.)

CIVIL APPEAL ELECTION PETITION NO. 3 OF 2018

BETWEEN

DAVID KERARIO MARWA....................................................APPELLANT

AND

BOAZ AWITI OKOTH..................................................1ST RESPONDENT

THE CLERK, MIGORI COUNTY ASSEMBLY........2ND RESPONDENT

GEORGE OKINYI OMAMBA.....................................3RD RESPONDENT

(Being Notice to show cause why the Notice of Appeal should not be struck out under Section 85 A (1) (a) of the Election Act and Rule 83 of the Court of Appeal Rulesin Election Petition Civil Appeal No. 3 Of 2018)

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ORDER OF THE COURT

As no appeal was filed within the 30 days stipulated by section 85 A (1) (a) of the Elections Act as read with Rule 8(5) of the Court of Appeal Election Appeal Rules, and as Ms. Momanyi, learned counsel for intended appellant concedes that the notice of appeal be stuck out with no order as to costs, the Notice of Appeal dated 31st January, 2018 and lodged by David Kerario Marwa is struck out with no orders as to costs.

Made at Kisumu this 19th day of June, 2018.

E. M. GITHINJI

…………………………..

JUDGE OF APPEAL

HANNAH OKWENGU

……………………………..

JUDGE OF APPEAL

J. MOHAMMED

……………………………..

JUDGE OF APPEAL

I certify that this is a true copy of the original

DEPUTY REGISTRAR