[2021] KECA 33 (KLR)
The Court, upon perusal of the draft order submitted by the 76th respondent and finding it to be in accordance with its judgment, approved the order as drawn. The absence of objections or responses from the other parties indicated acquiescence or lack of dispute as to the terms of the draft order. The Court...
Source-derived case information.
- Citation
- [2021] KECA 33 (KLR)
- Parties
- Appellant: Independent Electoral and Boundaries Commission (IEBC); Respondent: David Ndii
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application E291 of 2021
- Procedural Posture
- Civil Application / Ruling on Settlement of Draft Order Post Judgment
- Outcome
- Order as drawn by the 76th respondent approved by the Court.
- Judges
- DK Musinga
- Legal Topics
- Settlement of Orders, Post Judgment Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Independent Electoral and Boundaries Commission (IEBC)
Appellant
David Ndii
Respondent
Procedural Posture
Civil Application / Ruling on Settlement of Draft Order Post Judgment
Legal Issues
- 1 Whether the draft order extracted by the 76th respondent accurately reflects the judgment of the Court of Appeal.
- 2 Whether the Court should approve the draft order in the absence of objections from other parties.
Ratio Decidendi
The Court, upon perusal of the draft order submitted by the 76th respondent and finding it to be in accordance with its judgment, approved the order as drawn. The absence of objections or responses from the other parties indicated acquiescence or lack of dispute as to the terms of the draft order. The Court exercised its authority under the relevant procedural rules to settle and approve the order, ensuring that the formal record accurately reflected its judgment.
Court Disposition
Order as drawn by the 76th respondent approved by the Court.
Orders
- The draft order extracted from the judgment and submitted by the 76th respondent is approved as drawn.
Full Case Text
Judgment text and source record
18 paragraphs
Independent Electoral and Boundaries Commission (IEBC) v Ndii (Civil Application E291 of 2021) [2021] KECA 33 (KLR) (Constitutional and Human Rights) (23 September 2021) (Ruling)
Neutral citation number: [2021] KECA 33 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Application No. E291 of 2021
DK Musinga, JA
September 23, 2021
Between
Independent Electoral and Boundaries Commission (IEBC)
Appellant
and
David Ndii
Respondent
(Being an appeal from the judgment and Decree of the High Court of Kenya at Nairobi (Prof. M. Ngugi, G. V. Odunga, Ngaah Jairus, E.C. Mwita & Mumbua T. Matheka, JJ.) delivered on 13th May, 2021 in Constitutional Petition No. E282 of 2020 As Consolidated with Constitutional Petition Nos. 397 of 2020, E400 of 2020, E401 of 2020, E402 of 2020, E416 of 2020, E426 of 2020 & E2 of 2021)
Ruling
1On 20th August 2021, this Court delivered its judgment in the above consolidated appeals. On 27th August 2021, the 76th respondent in accordance with rule 34 of this Court’s Rules forwarded to all the other parties a draft order extracted from the judgment for their approval. None of the parties responded to the request by the 76th respondent. Consequently, the said respondent moved this Court under rules 33 and 34 to settle the terms of the Draft Order.
2Having perused the order and ascertained that it is drawn in accordance with the judgment of the Court, I hereby approve the order as drawn.
Dated and delivered at Nairobi this 23rd day of September, 2021. D. K. MUSINGA, (P)………………………JUDGE OF APPEALI certify that this is atrue copy of the original.SignedDEPUTY REGISTRAR