[2018] KECA 498 (KLR)
The Court of Appeal found that the appellant, despite being served with a notice to show cause, failed to attend court or take any steps to prosecute the appeal. The court exercised its discretion to strike out the notice of appeal for want of prosecution, as no sufficient cause was shown for the inaction. The...
Source-derived case information.
- Citation
- [2018] KECA 498 (KLR)
- Parties
- Appellant: Hon. Arthur Papa Odera; Respondent: Edward Oku Kaunya
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Election Petition 8 of 2018
- Procedural Posture
- Election Petitions / Order on Notice to Show Cause; Striking Out of Notice of Appeal
- Outcome
- Notice of appeal struck out for want of prosecution; no order as to costs.
- Judges
- AM Githinji, GG Okwengu, A Mohammed
- Legal Topics
- Notice of Appeal, Striking Out Proceedings, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon. Arthur Papa Odera
Appellant
Edward Oku Kaunya
Respondent
Procedural Posture
Election Petitions / Order on Notice to Show Cause; Striking Out of Notice of Appeal
Legal Issues
- 1 Whether the notice of appeal should be struck out for want of prosecution.
- 2 Whether the appellant's failure to take action or attend court warrants dismissal of the appeal.
Ratio Decidendi
The Court of Appeal found that the appellant, despite being served with a notice to show cause, failed to attend court or take any steps to prosecute the appeal. The court exercised its discretion to strike out the notice of appeal for want of prosecution, as no sufficient cause was shown for the inaction. The decision was made to ensure the efficient administration of justice and to prevent abuse of the appellate process. No order as to costs was made, reflecting the court's view that the circumstances did not warrant penalizing either party with costs.
Court Disposition
Notice of appeal struck out for want of prosecution; no order as to costs.
Orders
- The notice of appeal dated 26th February, 2018 is struck out.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: E . M. GITHINJI, HANNAH OKWENGU &
J. MOHAMMED, JJ.A.)
ELECTION PETITION CIVIL APPEAL NO. 8 OF 2018
BETWEEN
HON. ARTHUR PAPA ODERA........................APPELLANT
AND
EDWARD OKU KAUNYA.............................RESPONDENT
(Appeal from the judgment of the High Court of Kenya at Busia,
(Majanja, J.)dated 26th February, 2017
in
HIGH COURT ELECTION PETITION NO. 2 OF 2017)
***********************************
ORDER OF THE COURT
A notice to show cause was served on the appellant’s advocate to show cause as to why the notice of appeal filed herein should not be struck out as no action had been taken in furtherance of the appeal, as the appellant has not attended Court despite being served, we strike out the notice of appeal dated 26th February, 2018 with no orders as to costs.
DATED at Kisumu this 19th June, 2018.
E. M. GITHINJI
………………………….
JUDGE OF APPEAL
HANNAH OKWENGU
………………….………
JUDGE OF APPEAL
J. MOHAMMED
…………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.