186 k. The court will consider the proportionality and prejudice of allowing the additional evidence. This requires the court to assess the balance between the significance of the additional evidence, on the one hand, and the need for the swift conduct of litigation together with any prejudice that might arise from the additional evidence on the other. We must stress here that this Court even with the Application of the above-stated principles will only allow additional evidence on a case-by-case basis and even then, sparingly with abundant caution. 6.3.3 Filing & Service of the Memorandum & Record of Appeal 6.3.3.1 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 petition (s 85A of the 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 that the appellant must file the record of appeal within 30 days of the decision of the High Court (Rule 9(1) of the Court of Appeal (Election Petition) Rules, 2017). Editorial Note: In line with the Electronic Case Management Practice Directions, 2020, all pleadings, including amended pleading and other documents filed in the court, will be required to be filed in the e-filing portal. 6.3.3.2 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). A certificate of delay from the High Court, which normally excuses the late filing of an appeal in ordinary civil cases, will not suffice to save an EDR appeal filed outside the 30-day period set out in section 85A of the Elections Act, 2011 (Evans Odhiambo Kidero & 4 Others v Ferdinand Ndung’u Waititu & 4 Others, Supreme Court Petition No. 18 of 2014). 6.3.3.3 A party who seeks to object to the competence of an appeal must do so by way of a formal application within 30 days of service of record of appeal (Rule 17 of the Court of Appeal (Election Petition) Rules, 2017). Where such an application is not made within the specified period, it may not be raised later (Rule 17(2), Court of Appeal (Election Petition) Rules 2017). 6.3.3.4 Failure to file an appeal on time may be excused only where it can be demonstrated that no prejudice is occasioned by the non-compliance with the Rules (John Munuve Mati v RO Mwingi North & Others, Election Petition Appeal 5 of 2018; Sumra Irshadali v IEBC & Another, Nairobi Election Appeal 22 of 2018). 6.3.3.5 In Hon. Mohamed Abdi Mohamud v Ahmed Abdullahi Mohamad & 3 Others, Nairobi Election Petition Appeal No. 2 of 2018, the appellate Court emphasised that a Memorandum of Appeal must comply with section 85A of the Elections Act and set out the questions of law raised distinctly, concisely and precisely. Anything short of this is deserving of dismissal. 6.3.4 Security for Costs 6.3.4.1 Section 78 of the Elections Act, 2011, which requires the deposit of security for costs, only applies to proceedings before an election court. Section 78 of the Elections Act, 2011 does not, therefore, apply to appeals before the Court of Appeal (Lydia Mathia v Naisula Lesuuda & Another, Civil Appeal (Application) No. 287 of 2013). The Court of Appeal, however, now requires an appellant to deposit a sum of five hundred thousand shillings as security for costs of an BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION