[2018] KECA 509 (KLR)
The Court found that the appellant, having been served with a notice to show cause, failed to provide any explanation or take any steps to prosecute the appeal. In accordance with Rule 84 of the Court of Appeal Rules and Rule 4(2) of the Court of Appeal Election Petition Rules 2017, the Court exercised its...
Source-derived case information.
- Citation
- [2018] KECA 509 (KLR)
- Parties
- Appellant: Joseph Amisi Omukanda; Respondent: Independent Electoral and Boundaries Commission (IEBC); Respondent: Returning Officer, Navakholo Constituency; Respondent: Emmanuel Wangwe
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Election Petition 32 of 2018
- Procedural Posture
- Election Petition / Order on Notice to Show Cause; Appeal Struck Out for Want of Prosecution
- Outcome
- Notice of appeal struck out with costs.
- Judges
- AM Githinji, GG Okwengu, A Mohammed
- Legal Topics
- Notice to Show Cause, Appeal Struck Out, Costs Award, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Amisi Omukanda
Appellant
Independent Electoral and Boundaries Commission (IEBC)
Respondent
Returning Officer, Navakholo Constituency
Respondent
Emmanuel Wangwe
Respondent
Procedural Posture
Election Petition / Order on Notice to Show Cause; Appeal Struck Out for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be struck out for failure to take action after service of notice to show cause.
- 2 Whether costs should be awarded upon striking out the notice of appeal.
Ratio Decidendi
The Court found that the appellant, having been served with a notice to show cause, failed to provide any explanation or take any steps to prosecute the appeal. In accordance with Rule 84 of the Court of Appeal Rules and Rule 4(2) of the Court of Appeal Election Petition Rules 2017, the Court exercised its discretion to strike out the notice of appeal. The order was made with costs to the respondents, as the appellant's inaction warranted the sanction and there was no justification for further delay in the proceedings.
Court Disposition
Notice of appeal struck out with costs.
Orders
- The notice of appeal dated 16th March, 2018 is struck out with costs under Rule 84 of the Court of Appeal Rules as read with Rule 4(2) of the Court of Appeal Election Petition Rules 2017.
Full Case Text
Judgment text and source record
33 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: E . M. GITHINJI, HANNAH OKWENGU &
J. MOHAMMED, JJ.A.)
ELECTION PETITION CIVIL APPEAL NO. 32 OF 2018
BETWEEN
JOSEPH AMISI OMUKANDA......................................APPELLANT
AND
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION (IEBC)........FIRST RESPONDENT
RETURNING OFFICER,
NAVAKHOLO CONSTITUTUENCY.......SECOND RESPONDENT
EMMANUEL WANGWE..............................THIRD RESPONDENT
(Appeal from the judgment of the High Court of Kenya at Kakamega,
(Njagi, J.)dated 2nd March, 2018
in
HIGH COURT ELECTION PETITION NO. 13 OF 2017)
***********************************
ORDER OF THE COURT
As the appellant was served with a notice to show cause and has failed to explain why no action has been taken in furtherance of the appeal, we order that the notice of appeal dated 16th March, 2018 be and is hereby struck out with costs under Rule84 of the Court of Appeal Rules as read with Rule 4(2) of the Court of Appeal Election Petition Rules 2017.
DATED at Kisumu this 21st June, 2018.
E. M. GITHINJI
………………………….
JUDGE OF APPEAL
HANNAH OKWENGU
………………….………
JUDGE OF APPEAL
J. MOHAMMED
…………………………..
JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR.