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Gumbo v Commission (Iebc & 2 others (Election Petition 3 of 2017) [2022] KEHC 395 (KLR) (6 May 2022) (Ruling)
Neutral citation:
[2022] KEHC 395 (KLR)
Republic of Kenya
Election Petition 3 of 2017
RE Aburili, J
May 6, 2022
Between
Hon. Engineer Nicholas Gumbo
Applicant
and
Commission (Iebc
1st Respondent
Ruth K. Kulundu
2nd Respondent
H.E. Cornel Rasanga Amoth
3rd Respondent
Ruling
1.I have heard the applicant’s counsel virtually and considered the application under Certificate of urgency. I certify it as urgent.
2.On the substance thereof, I observe that the application is in respect of, and challenges the Respondent’s bill of costs dated 25th January 2022 upon which the parties have already taken directions before Hon. L. Simiyu Deputy Registrar and the matter is slated for mention on 11/5/2022 to confirm compliance with the directions on filing of written submissions to canvass the filed bill.
3.In my view, the issues being raised in the instant application can still be raised before the Deputy Registrar who has the jurisdiction to hear the parties on the bill of costs and as required by law, procedurally, any aggrieved party, by the orders of the Deputy Registrar, would have the liberty and opportunity to approach the High Court (read Judge) by way of a Reference.
4.For that reason, I find this application premature. The same is, at this earliest opportunity struck out with no orders as to costs.
5.Orders accordingly.
Dated, signed and Delivered at Siaya this 6th Day of May 2022R.E. ABURILIJUDGE
