[2022] KECA 829 (KLR)
The Court of Appeal dismissed the application for stay of execution on the basis that the applicant failed to satisfy the legal requirements for the grant of such an order. The court found that the applicant did not demonstrate substantial loss or that the appeal would be rendered nugatory if the stay was not...
Source-derived case information.
- Citation
- [2022] KECA 829 (KLR)
- Parties
- Applicant: Nicholas Ouma Mbago; Respondent: Nelson Onyango Oluoch; Respondent: Independent Electoral & Boundaries Commission; Respondent: Dispute Resolution Committee; Respondent: Returning Officer, Rongo Constituency; Respondent: Registrar of Political Parties
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application E094 of 2022
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed
- Judges
- S ole Kantai, M Ngugi, KI Laibuta
- Legal Topics
- Stay of Execution, Electoral Disputes, High Court Judgment, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Ouma Mbago
Applicant
Nelson Onyango Oluoch
Respondent
Independent Electoral & Boundaries Commission
Respondent
Dispute Resolution Committee
Respondent
Returning Officer, Rongo Constituency
Respondent
Registrar of Political Parties
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the High Court judgment pending appeal.
- 2 Whether the application meets the legal threshold for grant of stay of execution.
Ratio Decidendi
The Court of Appeal dismissed the application for stay of execution on the basis that the applicant failed to satisfy the legal requirements for the grant of such an order. The court found that the applicant did not demonstrate substantial loss or that the appeal would be rendered nugatory if the stay was not granted. The application was therefore dismissed, with reasons to be provided in a subsequent notice.
Court Disposition
application dismissed
Orders
- The Motion dated 20th July, 2022 is dismissed for reasons to be given on notice.
Full Case Text
Judgment text and source record
27 paragraphs
Mbago v Oluoch & 5 others (Civil Application E094 of 2022) [2022] KECA 829 (KLR) (29 July 2022) (Ruling)
Neutral citation: [2022] KECA 829 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Civil Application E094 of 2022
S ole Kantai, M Ngugi & KI Laibuta, JJA
July 29, 2022
Between
Nicholas Ouma Mbago
Applicant
and
Nelson Onyango Oluoch
1st Respondent
Independent Electoral & Boundaries Commission
2nd Respondent
Dispute Resolution Committee
3rd Respondent
Independent Electoral & Boundaries Commission
4th Respondent
Returning Officer, Rongo Constituency
5th Respondent
Registrar of Political Parties
6th Respondent
(Being an application for stay of execution of the Judgment of the High Court of Kenya at Migori (Wendoh, J.) dated 15th July, 2022 in Constitutional Petition No. 4A of 2022 Constitutional Petition 4A of 2022 )
Ruling
The Motion dated 20th July, 2022 is dismissed for reasons to be given on notice.
DATED AND DELIVERED AT NAIROBI THIS 29TH DAY OF JULY, 2022. S. ole KANTAI..........................JUDGE OF APPEALMUMBI NGUGI........................JUDGE OF APPEALDr. K.I. LAIBUTA.......................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR