Ahmed Abdullahi Mohamad & 1 other v Hon. Mohamed Abdi Mohamed & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ELECTION PETITION NO. 14 OF 2017 IN THE MATTER OF THE GUBERNATORIAL ELECTIONS FOR WAJIR COUNTY BETWEEN AHMED ABDULLAHI MOHAMAD............1ST PETITIONER AHMED MUHUMUD ABDI.........................2ND PETITIONER AND HON. MOHAMED ABDI MOHAMED......1ST RESPONDENT GICHOHI GATUMA PATRICK................2ND RESPONDENT INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION.................3RDRESPONDENT RULING Counsel for the first respondent has applied for proceedings and stay. As regards proceedings and Judgment, the typed proceedings are ready and the certified copy of the Judgment can be collected by 2.00 p.m. today upon payment of the requisite charges. The IEBC be at liberty to return the ballot boxes that were subjected to scrutiny and recount to Wajir as the Petition has been concluded. As regards stay, I do not think this court is the proper forum to grant such an order. Having concluded the Petition, it cannot make any further orders. The Elections Act, 2011 is clear how an automatic stay can be obtained in the Court of Appeal. Since the unsuccessful parties are at liberty to lodge the said appeal at any time as all they require is ready; I decline to grant any stay and direct that they seek it in the Court of Appeal. Orders accordingly.

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