[2022] KECA 972 (KLR)
The Court allowed the application for review because all parties had reached a consent, and there was no opposition to the application. The consent dated 1st August, 2022 was adopted as an order of the Court, and the appeal was marked as finalized. The Court exercised its discretion to review and vary its previous...
Source-derived case information.
- Citation
- [2022] KECA 972 (KLR)
- Parties
- Appellant: Siyad Hussein Jimale; Respondent: Omar Haji Salat; Respondent: United Democratic Alliance National Elections Board (UDA); Respondent: Independent Electoral and Boundaries Commission
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) E470 of 2022
- Procedural Posture
- Civil Appeal / Application for Review of Judgment
- Outcome
- Application for review allowed; consent adopted as order; appeal finalized.
- Judges
- DK Musinga, F Sichale, S ole Kantai
- Legal Topics
- Review of Judgment, Consent Orders, Finalization of Appeal
- 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 Elections Board (UDA)
Respondent
Independent Electoral and Boundaries Commission
Respondent
Procedural Posture
Civil Appeal / Application for Review of Judgment
Legal Issues
- 1 Whether the Court should review its judgment delivered on 29th July, 2022 based on the consent of the parties.
- 2 Whether the consent filed by the parties should be adopted as an order of the Court.
Ratio Decidendi
The Court allowed the application for review because all parties had reached a consent, and there was no opposition to the application. The consent dated 1st August, 2022 was adopted as an order of the Court, and the appeal was marked as finalized. The Court exercised its discretion to review and vary its previous judgment in accordance with the parties' agreement, thereby upholding the principle that parties may settle litigation by consent, which the court may adopt as its order.
Court Disposition
Application for review allowed; consent adopted as order; appeal finalized.
Orders
- The application for review is allowed.
- The consent dated 1st August, 2022 is adopted as an order of the Court.
Full Case Text
Judgment text and source record
22 paragraphs
Jimale v Salat & 2 others (Civil Appeal (Application) E470 of 2022) [2022] KECA 972 (KLR) (3 August 2022) (Order)
Neutral citation: [2022] KECA 972 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) E470 of 2022
DK Musinga, F Sichale & S ole Kantai, JJA
August 3, 2022
Between
Siyad Hussein Jimale
Appellant
and
Omar Haji Salat
1st Respondent
United Democratic Alliance National Elections Board (UDA)
2nd Respondent
Independent Electoral and Boundaries Commission
3rd Respondent
(An appeal against the Judgment of the High Court of Kenya at Nairobi (Sergon, J.) dated 19th July, 2022 in An appeal against the Judgment of the High Court of Kenya at Nairobi (Sergon, J.) dated 19th July, 2022 in H.C.C.A. No. E499 of 2022)
Order
1. This application coming up for review of this Court’s Judgment delivered on 29th July, 2022. Upon reading the consent dated 1st August, 2022 and hearing counsel, and there being no opposition to the said application, we hereby allow the application and grant the orders as sought and adopt the said consent as an order of this Court.
2. Consequently, this appeal is hereby marked as duly finalized.
MADE AND DATED AT NAIROBI THIS 3RD DAY OF AUGUST, 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.DEPUTY REGISTRAR