David Wamatsi Omusotsi v The Returning Officer Mumias East Constituency & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA ELECTION PETITION NO.9 OF 2017 DAVID WAMATSI OMUSOTSI......................................................PETITIONER VERSUS THE RETURNING OFFICER MUMIAS EAST CONSTITUENCY.......................................................1ST RESPONDENT INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION..................................2ND RESPONDENT BENJAMIN WASHIALI JOMO..........................................3RD RESPONDENT RULING 1. The petitioner has filed a notice of motion dated the 2nd October, 2017 seeking for orders that: 1. The 1st and 2nd respondent’s response, replying affidavit sworn on 25th September, and accompanying affidavits sworn on the same date thereof be struck out. 2. The honourable court be pleased to admit the petitioner/applicant’s further affidavits already filed as duly filed with leave. 3. The 3rd respondent, his agents, servants, employees and/or relatives be restrained from interfering with, approaching and/or intimidating witnesses to prevent them from appearing to testify and/or recant their evidence. 4. The 1st and 2nd respondents be directed to supply and/or provide the petitioner/applicant with all forms 35As, list of all presiding and deputy officers and stations of work and poll station diaries for all polling stations. 5. The costs be in the cause. The application was opposed by the three respondents. 2. In view of my ruling dated the 2 nd November, 2017 striking out this petition in its entirety, it follows that there is no petition now pending before the court. The application dated the 2nd October, 2017 should consequently be dismissed. The notice of motion is thereby dismissed with costs to the

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