[2018] KECA 495 (KLR)
The Court found that since the appellants had not taken any action in furtherance of the notice of appeal and had no objection to its being struck out, it was appropriate to strike out the notice of appeal. The absence of prosecution and lack of objection from the appellants justified the order. No orders as to...
Source-derived case information.
- Citation
- [2018] KECA 495 (KLR)
- Parties
- Appellant: Independent Electoral & Boundaries Commission; Appellant: The Returning Officer, Homa Bay County; Respondent: Hon. Joseph Oyugi Mwagwanga; Respondent: Hon. Joshua Orero
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Election Petition 6 of 2018
- Procedural Posture
- Election Petition / Order on Notice of Appeal
- Outcome
- Notice of appeal struck out.
- Judges
- AM Githinji, GG Okwengu, A Mohammed
- Legal Topics
- Notice of Appeal, Striking Out Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Independent Electoral & Boundaries Commission
Appellant
The Returning Officer, Homa Bay County
Appellant
Hon. Joseph Oyugi Mwagwanga
Respondent
Hon. Joshua Orero
Respondent
Procedural Posture
Election Petition / Order on 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 the appellants had not taken any action in furtherance of the notice of appeal and had no objection to its being struck out, it was appropriate to strike out the notice of appeal. The absence of prosecution and lack of objection from the appellants justified the order. No orders as to costs were made.
Court Disposition
Notice of appeal struck out.
Orders
- The notice of appeal dated 20/2/2018 is struck out with no orders as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: E . M. GITHINJI, HANNAH OKWENGU &
J. MOHAMMED, JJ.A.)
ELECTION PETITION CIVIL APPEAL NO. 6 OF 2018
BETWEEN
INDEPENDENT ELECTORAL & BOUNDARIES COMMISSION.........FIRST APPELLANT
THE RETURNING OFFICER, HOMA BAY COUNTY.........................SECOND APPELLANT
AND
HON. JOSEPH OYUGI MWAGWANGA..................................................FIRST RESPONDENT
HON. JOSHUA ORERO.........................................................................SECOND RESPONDENT
(Appeal from the judgment of the High Court of Kenya at Homa Bay,(Karanja, J.)dated 20th February, 2018in High Court Election Petition No. 1 Of 2017)
***********************************
ORDER OF THE COURT
No action having been taken in furtherance of the notice of appeal filed by the appellants herein, and the appellants having no objection to the same being struck out, we strike out the notice of appeal dated 20/2/2018 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 isa true copy of the original.
DEPUTY REGISTRAR.