[2023] KECA 604 (KLR)
The Court of Appeal found that the High Court correctly nullified the election of the 3rd respondent as Speaker of the County Assembly of Migori due to irregularities in the process. However, the appellate court agreed that the High Court was not obligated to declare the appellant as the duly elected Speaker, as the...
Source-derived case information.
- Citation
- [2023] KECA 604 (KLR)
- Parties
- Appellant: Isaac Aluoch Polo Aluochier; Respondent: County Assembly of Migori; Respondent: Vincensia Awino Kionge; Respondent: Charles Owino Likowa
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E037 of 2023
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Appeals dismissed.
- Judges
- PO Kiage, M Ngugi, JM Ngugi
- Legal Topics
- Election of Speaker, County Government Procedure, Nullification of Election, Judicial Review, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Aluoch Polo Aluochier
Appellant
County Assembly of Migori
Respondent
Vincensia Awino Kionge
Respondent
Charles Owino Likowa
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the election of the 3rd respondent as Speaker of the County Assembly of Migori was valid.
- 2 Whether the High Court erred in nullifying the election and declining to declare the appellant as duly elected Speaker.
- 3 Whether the orders of the High Court regarding the conduct of fresh elections were proper.
Ratio Decidendi
The Court of Appeal found that the High Court correctly nullified the election of the 3rd respondent as Speaker of the County Assembly of Migori due to irregularities in the process. However, the appellate court agreed that the High Court was not obligated to declare the appellant as the duly elected Speaker, as the law does not provide for automatic assumption of office in such circumstances. The court further held that the order for fresh elections within 21 days was appropriate and within the High Court's discretion. The appeals lacked merit as the High Court's orders were consistent with constitutional and statutory requirements. The court also clarified that the reasons for judgment...
Court Disposition
Appeals dismissed.
Orders
- Both appeals are dismissed for lack of merit.
- Each party shall bear its own costs of the appeal.
Full Case Text
Judgment text and source record
39 paragraphs
Aluochier & another v County Assembly of Migori & 4 others (Civil Appeal E037 & 38 of 2023 (Consolidated)) [2023] KECA 604 (KLR) (26 May 2023) (Judgment)
Neutral citation: [2023] KECA 604 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Civil Appeal E037 & 38 of 2023 (Consolidated)
PO Kiage, M Ngugi & JM Ngugi, JJA
May 26, 2023
Between
Isaac Aluoch Polo Aluochier
Appellant
and
County Assembly of Migori
1st Respondent
Vincensia Awino Kionge, Clerk of the County Assembly of Migori
2nd Respondent
Charles Owino Likowa
3rd Respondent
As consolidated with
Civil Appeal 38 of 2023
Between
County Assembly of Migori
Appellant
and
Isaac Aluoch Polo Aluochier
1st Respondent
Vincensia Awino Kionge
2nd Respondent
Charles Owino Likowa
3rd Respondent
(An appeal from the judgment and decree of the High Court of Kenya at Migori (Wendoh, J.) dated 21st February, 2023 in Constitutional Petition No. E006 of 2022 Constitutional Petition E006 of 2022 )
Judgment
1. The appeals the subject of this judgment arise from the election of the 3rd respondent, Charles Owino Likowa, as the Speaker of the County Assembly of Migori. In his petition before the High Court, Isaac Aluoch Polo Aluochier, the appellant sought orders for the nullification of the elections, and for a declaration that he was the only validly nominated candidate for the seat, and should therefore be declared the duly elected Speaker of the County.
2. In its decision, the High Court (Wendoh. J.) allowed the petition and nullified the election of the 3rd respondent. The court did not, however, issue the orders sought by Aluochier. It issued orders that elections for the office of the Speaker should be held within 21 days of its decision.
3. All the parties to the petition were dissatisfied with the decision and two have filed the appeals now before us.
4. At the hearing of the appeals, by consent of the parties, the appeals were consolidated and were canvassed by Mr. Aluochier, Mr. Okong’o for the 1st respondent, Ms. Aron for the 2nd respondent and Mr. Munuango for the 3rd respondent.
5. We have considered the respective memoranda of appeal, the submissions of the parties and the authorities cited. Our decision on the consolidated appeals is that they are both devoid of merit, and are hereby dismissed. Each party shall bear its own costs of the appeal.
6. This judgment is rendered pursuant to Rule 34(6) of the Court of Appeal Rules2022 conveying the decision of the Court with the reasons therefor to be given on 22nd September 2023. We set that date having considered and rejected arguments that the reasons must be given within 90 days under the Fair Administrative Action Act.
7. Order accordingly.
DATED AND DELIVERED AT KISUMU THIS 26TH DAY OF MAY, 2023. P. O. KIAGE....................JUDGE OF APPEALMUMBI NGUGI.....................JUDGE OF APPEALJOEL NGUGI..........................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR