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13 February 2009

Kenya Government Gazette dated 2009-02-13 number 14

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SPECIAL ISSUE




             THE KENYA GAZETTE
                                      Published by Authority of the Republic of Kenya
                                                     (Registered as a Newspaperat the G.P.O.)


Vol. CXI—No. 14                                  NAIROBI, 13th February, 2009                                                   Price Sh. 50


GAZETTE NOTICE No. 1385                                                                                     VERSUS

       THE NATIONAL ASSEMBLY AND PRESIDENTIAL                                         GEORGESAITOTI—(First Respondent)
                    ELECTIONS ACT                                             ELECTORAL COMMISSION OF KENYA—(Second Respondent)
                                                                                  GEORGE MORARA OKENYE—(Third Respondent)
                               (Cap. 7)                                               THE PETITION OF MOSES SOMOINE OLE SAKUDA
  THE PRESIDENTIAL AND PARLIAMENTARY ELECTIONS                                           PRESENTED ON THE 21ST JANUARY, 2008.
REGULATIONS AND THE NATIONAL ASSEMBLY ELECTIONS                                                        NOTICE OF MOTION
             (ELECTION PETITION) RULES                                          (Pursuant to Rules 23, 24,25 and 27 of the National Assembly
         IN THE HIGH COURT OF KENYA AT NAIROBI                                               Elections (Election Petition) Rules)
                                                                                TAKE NOTICEthat the Petitioner shall move the Election Court
   IN THE ELECTION PETITION FOR THE KAJIADO NORTH                           on such date and time as may be appointed by the Election Court for
      CONSTITUENCY IN WHICH MOSES SOMOINE OLE                               issuance of Orders—
       SAKUDA IS PETITIONER AND GEORGESAITOTI,
         ELECTORAL COMMISSION OF KENYA AND                                  1. That the Petitioner be granted leave to withdraw his Petition.
       GEORGE MORARA OKENYE ARE RESPONDENTS                                 2. That the Election Court do issue any other or further orders as it
                                                                               may deem just and expedient.
                              NOTICE                                        Upon the following grounds:

  (Pursuant to Rule 25 of the National Assembly Elections (Election             (a) Upon detailed reflection the petitioner does not wish to proceed
                           Petition) Rules)                                         with the petition.
                                                                                (b) The hearing of the petition may revive partisan politics in the
    NOTICEis given that the above petitioner did on the 12th day of                 constituency which shall be detrimental to the development of
February, 2009 lodge at the office of the Registrar of the High Court               the constituency.
an application for leave to withdraw the petition, of which application         (c) The subsistence of this petition is causing conflicts and
the following is a copy:                                                            disagreements among the constituents which are affecting the
                                                                                    making and or implementation of various policy decisions in
       THE NATIONAL ASSEMBLY AND PRESIDENTIAL                                       the constituency such as the creation of a new district, the
                         ELECTIONS ACT                                              Nairobi Metropolitan demarcation and other crucial matters of
                                                                                    common interest and or benefit to the community to the
                               (Cap. 7)                                             detrimentof the voters.

  THE PRESIDENTIAL AND PARLIAMENTARY ELECTIONS                                  (d)    The petitioner intends to revert to his missionary and
REGULATIONS AND THE NATIONAL ASSEMBLY ELECTIONS                                       evangelical works which involve travelling to and staying out
             (ELECTION PETITION) RULES                                                of the country, particularly the U.S.A. which works he cannot
                                                                                      effectively undertake alongside the preparation for and the
                 THE ELECTION OFFENCES ACT                                            hearing of this petition.

                              (Cap. 66)                                         (e) The withdrawal of the petition shall bring reconciliation,
                                                                                    harmony and peaceful co-existence among the voters in the
         IN THE HIGH COURT OF KENYA AT NAIROBI                                      entire constituency.

                 ELECTION PETITION No. 14 OF 2008                               (f) Further and or other grounds to be canvassed at the hearing of
                                                                                    this application.
    IN THE MATTER OF ELECTION FOR KAJIADO NORTH                                 Dated the 12th February, 2009.
                   CONSTITUENCY                                                                          MOSES SOMOINE OLE SAKUDA,
         MOSES SOMOINE OLE SAKUDA—(Petitioner)                                                                                Petitioner.
                                                                                                                                     [425


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