[2023] KECA 1025 (KLR)

[2023] KECA 1025 (KLR)

The court found that the appellant had not deposited security for costs as required by the election petition rules. Consequently, the court directed the respondents to file and serve the relevant application and written submissions by the close of business on the date of the order. The appellant was directed to file...

Source-derived case information.

Citation
[2023] KECA 1025 (KLR)
Parties
Appellant: Hon. Jude Kangethe Njomo; Respondent: Hon. John Machua Waithaka; Respondent: Beatrice Saki Muli; Respondent: Independent Electoral & Boundaries Commission (IEBC)
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Election Petition Appeal E002 of 2023
Procedural Posture
Election Petition Appeal / Interlocutory Order
Outcome
Interlocutory orders issued regarding security for costs and filing of submissions.
Judges
HA Omondi
Legal Topics
Security for Costs, Appellate Procedure, Filing of Submissions
Source Language
en
Election Petitions Security for Costs Appellate Procedure Filing of Submissions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Hon. Jude Kangethe Njomo

Appellant

Hon. John Machua Waithaka

Respondent

Beatrice Saki Muli

Respondent

Independent Electoral & Boundaries Commission (IEBC)

Respondent

Procedural Posture

Election Petition Appeal / Interlocutory Order

Legal Issues

  1. 1 Whether the appellant has complied with the requirement to deposit security for costs in an election petition appeal.
  2. 2 What are the procedural steps to be taken by the parties following non-compliance with security for costs requirements.

Ratio Decidendi

The court found that the appellant had not deposited security for costs as required by the election petition rules. Consequently, the court directed the respondents to file and serve the relevant application and written submissions by the close of business on the date of the order. The appellant was directed to file and serve a response and written submissions by the following day. The application was to be listed for hearing within three days. The court's decision was grounded in the mandatory procedural requirements for security for costs in election petition appeals, ensuring that parties adhere to statutory timelines and processes to facilitate the expeditious determination of...

Court Disposition

Interlocutory orders issued regarding security for costs and filing of submissions.

Orders

  • Respondents to file and serve the relevant application and written submissions by close of business on June 5, 2023.
  • Appellant to file and serve response and written submissions by close of business on June 6, 2023.