Joseph Amisi Omukanda v Independent Electoral and Boundaries Commission (I.E.B.C.),Returning Officer, Navakholo Constituency & Emmanuel Wangwe [2018] KECA 482 (KLR)

IN THE COURT OF APPEAL

AT KISUMU

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

J. MOHAMMED, JJ.A.)

CIVIL APPEAL ELECTION PETITION NO. 25 OF 2018

BETWEEN

JOSEPH AMISI OMUKANDA....................................................APPELLANT

AND

INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION (I.E.B.C.)......................1ST RESPONDENT

RETURNING OFFICER,

NAVAKHOLO CONSTITUENCY..................................2ND RESPONDENT

EMMANUEL WANGWE................................................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 Rules

in

ELECTION PETITION CIVIL APPEAL NO. 25 OF 2018)

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

ORDER

ORDER OF THE COURT

Since the intended appellant’s counsel M/S Oduk has not attended Court to show cause why the Notice of Appeal filed on 15th March, 2018 should not be struck out and since the intended appellant has not filed an appeal 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 Petition Rules, 2017 and further as the Notice of Appeal was filed out of time, the Notice of Appeal is struck out under Rule 84 of the Court of Appeal Rules as read with Rule 4(2) of the Court of Appeal Election Petition Rules, 2017 with costs to the respondents.

Made at Kisumu this 21st 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