[1998] KECA 269 (KLR)
The Court of Appeal held that there is no conflict between section 20(1)(a) of the National Assembly and Presidential Election Act Cap 7 and Rule 14(1) of the National Assembly Election (Election Petition) Rules. The amendment to section 20(1)(a) by Act No. 10 of 1997 did not affect the efficacy or applicability of...
Source-derived case information.
- Citation
- [1998] KECA 269 (KLR)
- Parties
- Appellant: Alicen J.R. Chelaite; Respondent: David Manyara Njuki; Respondent: Simon Ole Kerore; Respondent: Electoral Commission
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 150 of 1998
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Election Petition Procedure, Statutory Interpretation, Conflict of Laws
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alicen J.R. Chelaite
Appellant
David Manyara Njuki
Respondent
Simon Ole Kerore
Respondent
Electoral Commission
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether there is a conflict between section 20(1)(a) of the National Assembly and Presidential Election Act Cap 7 and Rule 14(1) of the National Assembly Election (Election Petition) Rules.
- 2 Whether the amendment of section 20(1)(a) by Act No. 10 of 1997 affects the efficacy of Rule 14(1).
Ratio Decidendi
The Court of Appeal held that there is no conflict between section 20(1)(a) of the National Assembly and Presidential Election Act Cap 7 and Rule 14(1) of the National Assembly Election (Election Petition) Rules. The amendment to section 20(1)(a) by Act No. 10 of 1997 did not affect the efficacy or applicability of Rule 14(1). The court emphasized the importance of interpreting statutory provisions and procedural rules harmoniously, unless there is a clear and express inconsistency. The appeal was therefore dismissed, and the High Court's ruling was upheld.
Court Disposition
appeal dismissed with costs
Orders
- The appeal is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (Coram: KWACH, PALL & OWUOR JJ.A) CIVIL APPEAL NO. 150 OF 1998 BETWEEN ALICEN J.R. CHELAITE ..................................APPELLANT AND DAVID MANYARA NJUKI ................................ 1ST RESPONDENT SIMON OLE KERORE ................................... 2ND RESPONDENT ELECTORAL COMMISSION ............................... 3RD RESPONDENT (Appeal from the Ruling of the High Court of Kenya at Nakuru (Hon. Lady Justice Aluoch) dated 2nd July, 1998 JUDGMENT OF OWUOR J.A
I have had the advantage of reading in draft the Judgments of my brothers, Kwach and Pall JJ.A. I fully agree with them that for the reasons they have given, this appeal should be dismissed with costs. In the course of argument, I was inclined to think that there was indeed a conflict between section 20(1) (a) of the National Assembly and Presidential Election Act Cap 7 and Rule 14(1) of the National Assembly Election (Election Petition) Rules, but on reflection and having read my bothers' Judgments, I am satisfied that there is none.
The efficacy of Rule 14(1) has not been affected by the amendment of section 20(1) (a) of the Act, introduced by Act No. 10 of 1997. Dated and delivered at Nakuru this 16th day of October, 1998. E. OWUOR JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR