[2022] KECA 955 (KLR)
The Court of Appeal found that the High Court erred in setting aside the decision of the Political Parties Disputes Tribunal (PPDT). The appellate court held that the PPDT had jurisdiction to determine the nomination dispute and that its decision was sound in law and fact. The High Court's interference was not...
Source-derived case information.
- Citation
- [2022] KECA 955 (KLR)
- Parties
- Appellant: Siyad Hussein Jimale; Respondent: Omar Haji Salat; Respondent: United Democratic Alliance National Election Board; Respondent: Independent Electoral and Boundaries Commission
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E470 of 2022
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Judges
- DK Musinga, F Sichale, S ole Kantai
- Legal Topics
- Nomination Disputes, Political Party Tribunals, Election Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Siyad Hussein Jimale
Appellant
Omar Haji Salat
Respondent
United Democratic Alliance National Election Board
Respondent
Independent Electoral and Boundaries Commission
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the High Court erred in setting aside the decision of the Political Parties Disputes Tribunal (PPDT).
- 2 Whether the appellant was entitled to the reliefs sought regarding the nomination dispute within the United Democratic Alliance party.
Ratio Decidendi
The Court of Appeal found that the High Court erred in setting aside the decision of the Political Parties Disputes Tribunal (PPDT). The appellate court held that the PPDT had jurisdiction to determine the nomination dispute and that its decision was sound in law and fact. The High Court's interference was not justified as there was no demonstration of a jurisdictional error or misapplication of the law by the PPDT. Consequently, the Court of Appeal allowed the appeal, set aside the High Court's judgment, and reinstated the PPDT's decision.
Court Disposition
appeal allowed
Orders
- The appeal is allowed.
- The judgment of the High Court (Hon. Sergon, J.) dated July 19, 2022 is set aside.
Full Case Text
Judgment text and source record
22 paragraphs
Jimale v Salat & 2 others (Civil Appeal E470 of 2022) [2022] KECA 955 (KLR) (29 July 2022) (Judgment)
Neutral citation: [2022] KECA 955 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal E470 of 2022
DK Musinga, F Sichale & S ole Kantai, JJA
July 29, 2022
Between
Siyad Hussein Jimale
Appellant
and
Omar Haji Salat
1st Respondent
United Democratic Alliance National Election Board
2nd Respondent
Independent Electoral and Boundaries Commission
3rd Respondent
(An appeal against the judgment & decree of the High Court of Kenya at Nairobi (Sergon, J.) dated 19th July, 2022 in HCCA No. E499 of 2022)
Judgment
1. Upon considering the record of appeal, the oral submissions made by learned counsel, Mr Onderi for the appellant, Ms. Theuri for the 1st respondent, Ms. Rotich holding brief for Mr. Kibet for the 2nd respondent and Mr. Kamiru for the 3rd respondent,and
2. Upon considering the written submissions thereof, the authorities cited and the law, the appeal is allowed and the judgment of the High Count (Hon. Sergon, J.) dated July 19, 2022 is hereby set aside and the judgment of the Political Parties Disputes Tribunal (PPDT) is affirmed. We make no order as to costs.
THE REASONS FOR OUR DECISION SHALL BE GIVEN ON 21ST OCTOBER, 2022. DATED AND DELIVERED AT NAIROBI THIS 29TH DAY OF JULY, 2022. D.K. MUSINGA(P)...................................JUDGE OF APPEALF. SICHALE...................................JUDGE OF APPEALS. ole KANTAI...................................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR