29 7. John Munuve Mati v RO Mwingi North & Others, Nairobi Election Petition Appeal 5 of 2018; and 8. Sumra Irshadali v IEBC & Another, Nairobi Election Appeal 22 of 2018. 2.3.3 Extension of Time at the High Court 2.3.3.1 The High Court has no jurisdiction to extend the EDR timelines set out in the Constitution or the Elections Act, 2011 (Said Buya Hiribae v Hassan Dukicha Abdi & 2 Others, Mombasa Election Petition No. 7 of 2013; Kumbatha Naomi Cidi v County Returning Officer, Kilifi & 3 Others, Malindi Election Petition No. 13 of 2013; Simon Kiprop Sang v Zakayo K. Cheruyot & 2 Others, Nairobi Election Petition No. 1 of 2013; Martha Wangari Karua v IEBC & 3 others, Supreme Court Petition No. 3 of 2019; Sila Samuel Mulwa v IEBC & 3 Others, Malindi High Court Election Petition 11 of 2017; Andrew Toboso Anyanga v Mwala Nicholas Scott Tindi & 3 Others, Kakamega High Court Election Petition 12 of 2017; Stephen Kolimuk v IEBC & 2 Others, Kapenguria High Court Election Petition 12 of 2017; Jimmy Mkala Kazungu v IEBC & 2 Others, Mombasa High Court Petition 9 of 2017; and Bernard Kibor Kitur v Alfred Kiptoo Keter & IEBC, Eldoret High Court Election Petition 1 of 2017). 2.3.3.2 Timelines fixed by the Elections Act such as for service of the petition (s 77, Elections Act; Kiplagat Richard Sigei & 2 Others v IEBC & Another, Kericho High Court Election Petition 1 of 2017; Rozaah Akinyi Buyu v IEBC & 2 Others, Kisumu Civil Appeal No 40 of 2013; and Aluodo Florence Akinyi v IEBC & Others, Siaya High Court Election Petition 4 of 2017), or deposit of security for costs (s 78 of the Elections Act), are also generally not within the ambit of the court to extend (Charles Maywa Chedotum & Another v IEBC & 2 Others, Kitale Election Petition No. 11 of 2013; Mohamed Odha Maro v County Returning Officer, Tana River & 3 Others, Malindi Election Petition 15 of 2013; Evans Nyambaso Zedekiah & Another v IEBC & 2 Others, Kisii Election Petition 10 of 2013; Milton Kimani Waitinga v IEBC & 2 Others, Kiambu Election Petition 2 of 2017; Robert Mwangi Kariuki v IEBC & 2 Others, Nyeri High Court Election Petition 1 of 2017; Tom Onyango Agimba v IEBC & Another, Nairobi High Court Election Petition 18 of 2017; Ibrahim Ahmed v IEBC & 2 Others, Nairobi High Court Election Petition 21 of 2017; and Sila Samuel Mulwa v IEBC & 3 Others, Malindi High Court Election Petition 11 of 2017). 2.3.3.3 For a somewhat different reasoning on the import of s 78(3) of the Elections Act, 2011, which provides that ‘if an objection is allowed and not removed, no further proceedings shall be heard on the petition and the respondent may apply to the election court for an order to dismiss the petition’ (see Patrick Ngeta Kimanzi v Marcus Mutua Muluvi & Others, Machakos High Court Election Petition 8 of 2013; Fatuma Zainabu Mohamed v Ghati Dennitah & 10 Others, Kisii Election Petition 6 of 2013; Samwel Kazungu Kambi v Nelly Ilongo & 2 Others, Malindi High Court Election Petition 4 & 5 of 2017; Yaite Philip Okoronon v Jakaa Gardy Ogara & Another, Busia Magistrate’s Court Election Petition 8 of 2017; and Kiplagat Richard Sigei & 2 Others v IEBC & Another, Kericho High Court Election Petition 1 of 2017). 2.3.3.4 This rule, however, does not extend to timelines prescribed in procedural rules or fixed by directions of the Court (Rule 19, Elections (Parliamentary and County Elections) Petitions Rules, 2017). This Rule empowers election courts to extend the timelines prescribed in those Rules. The High Court can extend the time for service of pleadings already filed in court (Bwana Muhamed Bwana v Silvano Buko Bonaya & 2 Others, Petition No. 7 of 2013), but only if it does not prejudice the other side by depriving them an opportunity to adequately prepare or wreak havoc BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION