187 appeal (Rule 26 of the Court of Appeal (Election Petition) Rules, 2017). 6.3.4.2 A failure to deposit security may result in a dismissal of the appeal and an order for the payment of the respondents’ costs, either at the court’s instance or that of the respondent. The Court may also order for further security for costs to be given or that security be paid for past costs payable in the appeal. 6.3.4.3 Appeals are usually disposed of by way of written submissions and brief oral highlighting. All appeals must be heard and determined within 6 months of the date of filing. In Evans Odhiambo Kidero & 4 Others v Ferdinand Ndung’u Waititu & 4 Others, Supreme Court Petition No. 18 of 2014, the apex Court held that the constitutional imperative of timely resolution of electoral disputes deprived the Court of Appeal of the jurisdiction to entertain an appeal filed outside prescribed statutory timelines, even where the delay was occasioned by administrative lapses on the part of the High Court. 6.3.5 Remedies 6.3.5.1 After hearing an election appeal, the Court of Appeal may dismiss the appeal, declare the election valid, invalid or invalidate the declaration of the Commission. It may also make an order for the payment of costs and any other order it may deem fit and just (Rule 25 Court of Appeal (Election Petition) Rules, 2017). Editorial Note: While it is not expressly stated, an election court can refer the matter to the High Court for re-hearing and determination. However, this can only be done if the determination will comply with the 6 months’ timeline stipulated by s 85A of the Elections Act. 6.4 Appeals to the Supreme Court 6.4.1 Notice of Appeal 6.4.1.1 A person who intends to lodge an appeal to the Supreme Court must file a Notice of Appeal within 14 days of the date of the judgment or ruling of the Court of Appeal (Rule 36 of the Supreme Court Rules, 2020; Naomi Wangechi Gitonga & 3 Others v IEBC & 4 Others, Supreme Court Civil Application No. 2 of 2014). However, failure to serve the Notice of Appeal timeously is not fatal to the appeal (Hamida Yaroi Sheikh Nuri v Faith Tumaini Kombe & 2 Others, Petition (Application) 38 of 2018). 6.4.1.2 The appeal is instituted by filing a petition of appeal, a record of appeal and payment of the requisite fees within 30 days of filing the notice of appeal (Rule 38 Supreme Court Rules 2020). 6.4.1.3 On whether the relevant provision of appeal must be specified, in Martha Wangari Karua v IEBC & 3 Others, Supreme Court Petition 3 of 2019, the appellant failed to particularise the provision on the basis of which the Court’s jurisdiction was invoked. However, the Court considered this omission not fatal and observed that from the body of the appeal, it was crafted in a manner that demonstrates that the appellant invokes its jurisdiction under Article 163(4)(a) of the Constitution and specific provisions of the Constitution were cited as having been violated. Notably, it reiterated the need for elegant drafting which entails specifying the provision under which one seeks to invoke its jurisdiction. 6.4.1.4 While the filing of an appeal from the High Court to the Court of Appeal automatically stays the decision of the High Court, the rules are silent on the stay of the decision of the Court of Appeal pending appeal to the Supreme Court. BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION