[2018] KEHC 4388 (KLR)
The court found that the mere execution of an order for payment of costs, even if taxed by consent, does not constitute sufficient urgency to warrant certification as urgent. The application did not demonstrate any exceptional circumstances or risk of prejudice that would justify deviation from the ordinary court...
Source-derived case information.
- Citation
- [2018] KEHC 4388 (KLR)
- Parties
- Applicant: Grace Adhiambo Akumu; Respondent: Independent Electoral Boundaries Commission (IEBC); Respondent: John Cox Lorionokou (Returning Officer Kisumu County); Respondent: Rosa Akinyi Buyu
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Election Petition 2 of 2017
- Procedural Posture
- Election Petition / Ruling on Certificate of Urgency
- Outcome
- Application for certification as urgent declined. Leave granted for consideration during recess. Directions given for interpartes hearing.
- Judges
- RE Aburili
- Legal Topics
- Urgency of Applications, Execution of Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Adhiambo Akumu
Applicant
Independent Electoral Boundaries Commission (IEBC)
Respondent
John Cox Lorionokou (Returning Officer Kisumu County)
Respondent
Rosa Akinyi Buyu
Respondent
Procedural Posture
Election Petition / Ruling on Certificate of Urgency
Legal Issues
- 1 Whether the application for execution of costs is urgent and should be certified as such.
- 2 Whether leave should be granted for consideration during the court recess.
Ratio Decidendi
The court found that the mere execution of an order for payment of costs, even if taxed by consent, does not constitute sufficient urgency to warrant certification as urgent. The application did not demonstrate any exceptional circumstances or risk of prejudice that would justify deviation from the ordinary court process. Therefore, the matter should proceed in the normal course, and the respondents must be served for interpartes hearing.
Court Disposition
Application for certification as urgent declined. Leave granted for consideration during recess. Directions given for interpartes hearing.
Orders
- Leave granted for consideration during recess.
- Application not certified as urgent.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
KISUMU ELECTION PETITION NO. 2 OF 2017
(CORAM: R. E. ABURILI - J.)
GRACE ADHIAMBO AKUMU.....................................APPLICANT/PETITIONER
VERSUS
INDEPENDENT ELECTORAL BOUNDARIES COMMISSION
(IEBC).............................................................................................1ST RESPONDENT
JOHN COX LORIONOKOU
(Returning Officer Kisumu County)..............................................2ND RESPONDENT
ROSA AKINYI BUYU...............................................................3RD RESPONDENT
RULING
I have considered the applicant’s application under Certificate of Urgency. I grant leave for consideration during the recess.
On whether the application is urgent, I note that the applicant is simply seeking to execute an order for payment of costs of the petition as taxed by consent of the parties. In my view, that cannot form the basis of urgency. I decline to certify the matter as urgent and direct the applicant to serve the Respondents with the application dated 13/8/2018 for interpartes consideration before the Judge in the ordinary course of business at Kisumu High Court on 19th September, 2018.
Orders accordingly.
Dated, Signed and Delivered at SIAYA this 28th day of August 2018.
R.E. ABURILI
JUDGE