[2024] KEHC 8880 (KLR)

[2024] KEHC 8880 (KLR)

The court found that the record of appeal was incomplete because the appellants failed to annex the proceedings of the Sports Disputes Tribunal, which are a crucial part of the record. Without these proceedings, the court was unable to prepare and deliver a judgment on the merits of the appeal. Consequently, the...

Source-derived case information.

Citation
[2024] KEHC 8880 (KLR)
Parties
Appellant: The Kenya National Sports Council; Appellant: Nderitu Gikari; Appellant: Vanraj Sarvaiya; Appellant: Charles Nyaberi; Respondent: Purity Njoki; Respondent: Mary Muriuki; Interested Party: David Ngugi; Interested Party: Mududa Waweru; Interested Party: IEBC; Interested Party: Sports Registrar
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Civil Appeal E929 of 2023
Procedural Posture
Civil Appeal / Judgment on Appeal—record of Appeal Found Incomplete, Further Directions Ordered
Outcome
No final determination on the merits; matter stood over for further directions due to incomplete record of appeal.
Judges
JK Ng'arng'ar
Legal Topics
Record of Appeal, Appeal Procedure, Incomplete Record
Source Language
en
Civil Procedure Record of Appeal Appeal Procedure Incomplete Record

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Summary, issues, holding and outcome

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Parties

The Kenya National Sports Council

Appellant

Nderitu Gikari

Appellant

Vanraj Sarvaiya

Appellant

Charles Nyaberi

Appellant

Purity Njoki

Respondent

Mary Muriuki

Respondent

David Ngugi

Interested Party

Mududa Waweru

Interested Party

IEBC

Interested Party

Sports Registrar

Interested Party

Procedural Posture

Civil Appeal / Judgment on Appeal—record of Appeal Found Incomplete, Further Directions Ordered

Legal Issues

  1. 1 Whether the appeal can be determined in the absence of the proceedings of the Sports Disputes Tribunal.
  2. 2 Whether the record of appeal is complete and compliant with procedural requirements.

Ratio Decidendi

The court found that the record of appeal was incomplete because the appellants failed to annex the proceedings of the Sports Disputes Tribunal, which are a crucial part of the record. Without these proceedings, the court was unable to prepare and deliver a judgment on the merits of the appeal. Consequently, the court directed the parties to appear before the Deputy Registrar to take further directions on which court in Nairobi would handle the matter, effectively adjourning the delivery of judgment until the record is regularized.

Court Disposition

No final determination on the merits; matter stood over for further directions due to incomplete record of appeal.

Orders

  • Parties to appear before the Deputy Registrar at the earliest mutually convenient date to take further directions on which Court in Nairobi will handle the matter.