[2017] KEHC 9041 (KLR)
The court found that the appellant failed to prosecute the appeal, and therefore, in accordance with the applicable procedural rules, the appeal was dismissed for want of prosecution. The absence of the parties and lack of action by the appellant justified the dismissal without further proceedings.
Source-derived case information.
- Citation
- [2017] KEHC 9041 (KLR)
- Parties
- Appellant: Elijah Omwenga Oirere; Respondent: The Returning Officer, Soy Constituency
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Election Petition 106 of 2017
- Procedural Posture
- Election Petition / Appeal Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- AO Muchelule
- Legal Topics
- Election Dispute Resolution, Appeal Dismissal, Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elijah Omwenga Oirere
Appellant
The Returning Officer, Soy Constituency
Respondent
Procedural Posture
Election Petition / Appeal Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the appellant failed to prosecute the appeal, and therefore, in accordance with the applicable procedural rules, the appeal was dismissed for want of prosecution. The absence of the parties and lack of action by the appellant justified the dismissal without further proceedings.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal dated 14th June 2017 and filed on 15th June 2017 is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
ELECTION PETITION APPEAL NO. 106 OF 2017
ELIJAH OMWENGA OIRERE................................................APPELLANT
VERSUS
THE RETURNING OFFICER, SOY CONSTITUENCY...........RESPONDENT
(Being an appeal from the Decision of the Dispute Resolution Committee of the Independent Electoral & Boundaries Commission at Nairobi made on the 8th June 2017 by the Chairperson Wafula Chebukati, members Margaret Mwachanya and Boya Molu in Complaint No. 43 of 2017).
BETWEEN
ELIJAH OMWENGA OIRERE................................................APPELLANT
VERSUS
THE RETURNING OFFICER, SOY CONSTITUENCY............RESPONDENT
ORDER
Date 17. 6.2017 - 11. 40 a.m.
Coram – Before Hon. A.O. Muchelule J
Court clerk – Kamotho
Parties Absent
COURT – The appeal dated 14th June 2017 and filed on 15th June 2017 is dismissed for want of prosecution.
A.O. MUCHELULE
JUDGE
17. 6.2017