[2022] KECA 798 (KLR)
The Court of Appeal found that the appellant failed to demonstrate any error of law or fact on the part of the High Court in its determination of the election petition. The appellate court held that the appeal was entirely without merit, as the appellant did not establish any grounds that would justify interference...
Source-derived case information.
- Citation
- [2022] KECA 798 (KLR)
- Parties
- Appellant: Fredrick Wafula Juma; Respondent: Jubilee Party of Kenya; Respondent: Independent Electoral and Boundaries Commission; Respondent: Nobert Omanyo Wabwire
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E180 of 2022
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Appeal dismissed with costs to the respondents.
- Judges
- M Ngugi, LK Kimaru, JM Mativo
- Legal Topics
- Election Appeals, Party Nomination Disputes, Costs Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Wafula Juma
Appellant
Jubilee Party of Kenya
Respondent
Independent Electoral and Boundaries Commission
Respondent
Nobert Omanyo Wabwire
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the High Court erred in its ruling regarding the election petition.
- 2 Whether the appellant's grounds of appeal have merit warranting interference with the High Court's decision.
Ratio Decidendi
The Court of Appeal found that the appellant failed to demonstrate any error of law or fact on the part of the High Court in its determination of the election petition. The appellate court held that the appeal was entirely without merit, as the appellant did not establish any grounds that would justify interference with the High Court's exercise of discretion or findings. Consequently, the appeal was dismissed with costs to the respondents.
Court Disposition
Appeal dismissed with costs to the respondents.
Orders
- The appeal is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
23 paragraphs
Juma v Jubilee Party of Kenya & 2 others (Civil Appeal E180 of 2022) [2022] KECA 798 (KLR) (29 July 2022) (Judgment)
Neutral citation: [2022] KECA 798 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Civil Appeal E180 of 2022
M Ngugi, LK Kimaru & JM Mativo, JJA
July 29, 2022
Between
Fredrick Wafula Juma
Appellant
and
Jubilee Party of Kenya
1st Respondent
Independent Electoral and Boundaries Commission
2nd Respondent
Nobert Omanyo Wabwire
3rd Respondent
(Being an appeal from the ruling of the High Court of Kenya at Busia, (Karanjah, J) dated 23rd June, 2022 in High Court Petition No. 2A of 2022 Election Petition 2 'A' of 2022 )
Judgment
1. We have considered the memorandum of appeal filed by the appellant as well as the written submissions of the parties.
2. We have also heard the oral highlights by Mr. Shabaan for the appellant, Ms. Wanjiku for the 1st respondent, Ms. Ogola for the 2nd respondent, and Mr Makokha for the 3rd respondent.
3. Having considered these submissions and the authorities cited, our decision on the appeal is that it is entirely without merit and is hereby dismissed with costs to the respondents. The reasons for the decision shall be given on 5th August, 2022.
DATED AND DELIVERED AT KISUMU THIS 29TH DAY OF JULY, 2022. MUMBI NGUGI....................................JUDGE OF APPEALLUKA KIMARU....................................JUDGE OF APPEALJ. M. MATIVO....................................JUDGE OF APPEALI certify that this is a true copy of the originalDEPUTY REGISTRAR