[2018] KECA 504 (KLR)
The Court found that since both the appellant and the respondent were absent and no action had been taken in furtherance of the notice of appeal, there was no justification to keep the notice of appeal on record. The notice to show cause was unopposed, and the absence of parties indicated a lack of interest in...
Source-derived case information.
- Citation
- [2018] KECA 504 (KLR)
- Parties
- Appellant: Chris Munga Bichage; Appellant: Zaheer Jhanda; Appellant: James F. O. Kenani; Respondent: Independent Electoral & Boundaries Commission; Respondent: Julius Meja Okeyo, the Returning Officer; Respondent: Richard Nyagaka Tongi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Election Petition 7 of 2017
- Procedural Posture
- Election Petition / Order on Notice to Show Cause Regarding Notice of Appeal
- Outcome
- notice of appeal struck out
- 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
Chris Munga Bichage
Appellant
Zaheer Jhanda
Appellant
James F. O. Kenani
Appellant
Independent Electoral & Boundaries Commission
Respondent
Julius Meja Okeyo, the Returning Officer
Respondent
Richard Nyagaka Tongi
Respondent
Procedural Posture
Election Petition / Order on Notice to Show Cause Regarding Notice of Appeal
Legal Issues
- 1 Whether the notice of appeal should be struck out for want of prosecution.
Ratio Decidendi
The Court found that since both the appellant and the respondent were absent and no action had been taken in furtherance of the notice of appeal, there was no justification to keep the notice of appeal on record. The notice to show cause was unopposed, and the absence of parties indicated a lack of interest in prosecuting the appeal. Therefore, the notice of appeal dated 21st December, 2017 was struck out.
Court Disposition
notice of appeal struck out
Orders
- The notice of appeal dated 21st December, 2017 is struck out.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
35 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: E . M. GITHINJI, HANNAH OKWENGU &
J. MOHAMMED, JJ.A.)
ELECTION PETITION CIVIL APPEAL NO. 7 OF 2017
BETWEEN
CHRIS MUNGA BICHAGE.................................FIRST APPELLANT
ZAHEER JHANDA...........................................SECONDAPPELLANT
JAMES F. O. KENANI........................................THIRD APPELLANT
AND
INDEPENDENT ELECTORAL &
BOUNDARIES COMMISSION ......................FIRST RESPONDENT
JULIUS MEJA OKEYO,
THE RETURNING OFFICER....................SECOND RESPONDENT
RICHARD NYAGAKA TONGI......................THIRD RESPONDENT
(Appeal from the judgment of the High Court of Kenya at Kisii,
(Ndung’u, J.)dated 5th December, 2017
in
HIGH COURT ELECTION PETITION NO. 12 OF 2017)
***********************************
ORDER OF THE COURT
A notice to show cause was served on the appellant to show cause why the notice of appeal should not be struck out as no action had been taken in furtherance of the notice. As both the appellant and the respondent are absent, we strike out the notice of appeal dated 21st December, 2017 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.