constitute an impediment to the prospect of any appeal from the High Court up to the Supreme Court. This is a situation in which this Court must protect the jurisdiction entrusted to the High Court.” [311] Further to the above finding, we also note the petitioners’ further contention that the 1st respondent failed to act on the 3rd respondent’s alleged violation of the law by his misuse of public resources. In response, the 2nd respondent stated that he wrote a letter dated 21st June, 2017, informing the Director of Public Prosecutions (DPP) about the alleged misconduct of the 3rd respondent. The said letter is attached to the Affidavit sworn by Wafula Chebukati, and it reads as follows: “…In accordance with Section 14 of the Election Offences Act, 2016, the Commission published a notice in the press advising candidates against the use of public resources in campaigns. The demised notice required all candidates who are current members of Parliament, county governors, deputy governors and members of the county assembly to declare the facilities attached to them, or any equipment normally in the custody of the candidate by virtue of such office. Following that publication, the Commission has received declaration from only twelve candidates…in that regard, any other person using the state resources other than those registered with the Commission are committing offences to which, upon sufficient evidence being gathered, should be prosecuted swiftly. This applies to Governors, Senators, Members of the National Assembly, Members of the County Assembly and Women Members of the National Assembly.” [Emphasis added.] Presidential  Petition  No.  1  of  2017                                                                                                                                                                                                            132  |  P a g e