148 a. All Applications by a Respondent in an election petition, save in exceptional circumstances, should form part of the response to the Petition. Similarly, a Petitioner should as much as possible file any application arising from his Petition e.g. for scrutiny or recount at the same time as the Petition. b. Unless for want of jurisdiction or in any other deserving circumstance, a trial Court should exercise restraint in striking out a Petition or a response, where such an action is likely to summarily dispose of the matter. c. All applications for striking out an election petition for want of jurisdiction, or for any other reason, must be made and determined within the constitutional and statutory timelines for the resolution of electoral disputes. In this regard, it is for the trial Court, to make and enforce such case management orders, so as to meet this objective. d. Appeals on interlocutory applications, other than for striking out in circumstances explained in (b) and (c) above, should await the final determination of the whole petition before the trial Court. e. In exceptional circumstances, an appellate Court may dispose of an appeal arising from an interlocutory application filed and determined by the trial Court while the substantive matter is still ongoing at the trial Court. In doing so, the timeframe question as explained above must always be borne in mind. (Martha Wangari Karua v IEBC & 3 Others, Petition No. 3 of 2019, para 55) 4.12 4.12.1 Appeals to the Court of Appeal Notice of Appeal 4.12.1.1 A person who seeks to appeal against the decision of the High Court in EDR must file a notice of appeal within 7 days of the decision (Rule 6(2), Court of Appeal (Election Petition) Rules, 2017). 4.12.2.2 Although appeals against interlocutory decisions of the High Court in EDR must await the final judgment of that court, the notice of appeal in respect of an interlocutory decision must be filed within 14 days of the decision (Dickson Mwenda Kithinji v Gatirau Peter Munya & 2 Others, Nyeri Civil Appeal No. 38 of 2013). 4.12.3.3 The Notice of Appeal is to be lodged at the Court of Appeal Registry (Rule 6(1), Court of Appeal (Election Petition) Rules, 2017; Lesirma Simeon Saimanga v IEBC & 2 others, Election Petition Appeal Application No. 7 of 2018). 4.12.2 Filing and Service of the Memorandum and Record of Appeal 4.12.2.1 A litigant who intends to appeal against a decision of the High Court in EDR must do so within 30 days of the decision of the election court (section 85A, Elections Act, 2011; Wavinya Ndeti v IEBC & 4 Others, Nairobi Civil Appeal No. 323 of 2013). In practical terms, the requirement to file an appeal within 30 days means the appellant must file the record of appeal within 30 days of the decision of the High Court (Rule 9(1), Court of Appeal (Election Petition) Rules, 2017). 4.12.2.2 Delay in furnishing typed proceedings and other administrative lapses on the part of the courts will not excuse the failure to comply with this mandatory requirement (Evans Odhiambo Kidero & 4 Others v Ferdinand Ndung’u Waititu & 4 Others, Supreme Court Petition No. 18 of 2014). BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION