28 no party was prejudiced and the appellant had explained the reason for the delay. 2.3.2.4 The six-month timeframe set out in section 85A of the Elections Act is not applicable to cases where a pre-election issue is the subject of litigation in the High Court in exercise of its ordinary or supervisory jurisdiction under Article 165 of the Constitution, and which then goes on appeal to the Court of Appeal. As the Court of Appeal found in Annie Wanjiku Kibeh v Clement Kungu Waibara & Another, Civil Application No. NAI E390 of 2021: 19. The core issue in Hon. Waibara’s petition was whether the Parliamentary seat held by Hon Kibeh fell vacant because Hon Kibeh was disqualified from being elected as a member of National Assembly representing Gatundu North Constituency as she was still a member of the County Assembly of Kiambu at the time of her nomination and gazettement of the nomination. The original jurisdiction of the High Court to hear a constitutional petition under Rule 105(1) (b) of the Constitution as read with section 76(1) (c) of the Elections Act must be distinguished from the High Court’s jurisdiction as an election court. 20. This means that while Hon Waibara’s petition was subject to the six-month timeline provided under Article 105(2) of the Constitution, it was not subject to section 85A of the Elections Act that provides a 30-day time limit within which an appeal from the High Court judgment is to be filed, or a six-month timeline within which appeals from the High Court in election petitions is to be heard and determined. Nor are the Court of Appeal Election (Petition Rules) 2017, Rule 8(5) which provide a 30-day timeline for filing appeals from the election Court from the date of the impugned judgment, applicable. 21.An appeal to this Court from Hon. Waibara’s constitutional petition was one governed by the timelines provided in the Court of Appeal Rules, 2010 which as per Rule 75(2) provides for 14 days for filing the notice of appeal, and as per Rule 82(1), which provides 60 days for filing the record of appeal. The applicant’s motion is therefore misconceived because it is anchored on Section 85A of the Elections Act and the Court of Appeal Election (Petition Rules), 2017 that are not applicable to Hon. Waibara’s constitutional petition. Further authorities The following authorities also address the broad theme of the jurisdiction of the Court of Appeal to extend time in EDR: 1. Charles Kamweru v Grace Jelagat Kipchoru & 2 Others, Nairobi Civil Appeal No. 159 of 2013 (unreported); 2. Evans Odhiambo Kidero & 4 Others v Ferdinand Ndung’u Waititu & 4 Others, Supreme Court Petition No. 18 of 2014; 3. Wavinya Ndeti v IEBC & 4 Others, Supreme Court Petition No. 19 of 2014; 4. Ferdinand Ndung’u Waititu v IEBC & 8 Others, Civil Appeal (Application) No. 137 of 2013 (UR 94 of 2013); 5. Andrew Toboso Anyanga v Mwale Nicholas Scott Tindi & 3 Others Election Petition Appeal (Application) 3 of 2017; 6. Timamy Issa Abdalla v IEBC & 3 Others Mombasa, Election Appeal No. 4 of 2018; BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION