176 6.2.1.3. The procedure for the filing, hearing and determination of appeals from the decisions of a Magistrate’s Court in EDR is set out in Rule 34 of the Elections (Parliamentary and County Elections) Petition Rules, 2017. In summary, Rule 34 provides as follows: (i) the party desiring to appeal against the decision of a Magistrate’s Court in EDR must file a memorandum of appeal at the nearest High Court registry within thirty days of the judgment of the Magistrate’s Court; (ii) the registrar of the High Court to which the appeal is preferred must send the Notice of Appeal to the Magistrate’s Court against whose decree the appeal is preferred within seven days of filing of the memorandum of appeal; (iii) the Magistrate’s Court against whose decree the appeal is preferred must send the proceedings and all relevant documents relating to the election petition to the High Court; (iv) the appellant must serve the memorandum of appeal on all parties directly affected by the appeal within seven days of filing; (v) the appellant must file and serve a record of appeal within twenty-one days of filing the memorandum of appeal; and (vi) the High Court must give directions on the hearing of the appeal within thirty days of the lodging of the memorandum of appeal. Editorial Note: Rule 34(11) of the Elections (Parliamentary and County Elections) Petition Rules 2017 provided that an appeal must be heard and determined within three months of the date of lodging the appeal. This is inconsistent with s 75(4) of the Elections Act which provides for 6 months. Moreover, while the Court of Appeal (Election Petition) Rules 2017 provide that an appeal to the Court of Appeal automatically acts as a stay of the certification of the election court until the appeal is heard and determined, no similar provision exists in respect of decisions of the Magistrate’s Court (Baridi Felix Mbevo v Musee Mati & 2 others, Kitui Election Petition Appeal 1 of 2018). 6.2.1.4. Objections relating to defects in a memorandum or record of an EDR appeal to the High Court, including those relating to service thereof, should be raised when the appeal is mentioned for directions. A party to an EDR appeal at the High Court who fails to raise objections as to service or defects in the memorandum or record of appeal during the mention for directions is deemed to have compromised the right to raise the objections (Twaher Abdulkarim Mohamed v Mwathethe Adamson Kadenge & 2 Others, High Court (Malindi) Election Petition Appeal No. 1 of 2014). Moreover, the High Court will not strike out a record of appeal for failure to include a certified copy of the decree of the trial court where the record of appeal contains a copy of the judgment of the trial court (Twaher Abdulkarim Mohamed v Mwathethe Adamson Kadenge & 2 Others, High Court (Malindi) Election Petition Appeal No. 1 of 2014). 6.2.1.5. There are two justifications for this rule. First, the Rules require the lower court to send its proceedings and all relevant documents to the High Court upon the filing of an appeal (Rule 34(8) of the Elections (Parliamentary and County Elections) Petition Rules, 2017). This means that the Court can easily access such documents as may have been omitted from the record of appeal. Secondly, the appeal will usually have sprung from the judgment and hence obsession with the decree only serves to obfuscate the substantive issues between the parties. BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION