[2022] KECA 799 (KLR)
The Court declined to vary the dismissal orders previously made on July 25, 2022, finding that the applicant had not demonstrated sufficient grounds to warrant a variation. The Court exercised its discretion in accordance with the applicable legal principles governing extension of time and variation of orders, and...
Source-derived case information.
- Citation
- [2022] KECA 799 (KLR)
- Parties
- Applicant: Booker Ngesa Omole; Respondent: Benedict Wachira; Interested Party: Communist Party of Kenya (CPK); Interested Party: Independent Electoral & Boundaries Commission
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application E247 of 2022
- Procedural Posture
- Civil Application / Ruling on Application for Variation of Dismissal Orders and Extension of Time to Appeal
- Outcome
- Application for variation of dismissal orders declined; costs awarded to respondent and interested parties.
- Judges
- DK Musinga, F Sichale, S ole Kantai
- Legal Topics
- Extension of Time, Appeals Process, Variation of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Booker Ngesa Omole
Applicant
Benedict Wachira
Respondent
Communist Party of Kenya (CPK)
Interested Party
Independent Electoral & Boundaries Commission
Interested Party
Procedural Posture
Civil Application / Ruling on Application for Variation of Dismissal Orders and Extension of Time to Appeal
Legal Issues
- 1 Whether the Court should vary the dismissal orders made on July 25, 2022 regarding the application for extension of time to appeal the High Court judgment.
- 2 Whether the applicant has provided sufficient grounds for the variation of the dismissal orders.
Ratio Decidendi
The Court declined to vary the dismissal orders previously made on July 25, 2022, finding that the applicant had not demonstrated sufficient grounds to warrant a variation. The Court exercised its discretion in accordance with the applicable legal principles governing extension of time and variation of orders, and determined that the interests of justice did not require a departure from its earlier decision. Consequently, the application for variation was dismissed and costs were awarded to the respondent and interested parties.
Court Disposition
Application for variation of dismissal orders declined; costs awarded to respondent and interested parties.
Orders
- The request to vary the dismissal orders made on July 25, 2022 is declined.
- Costs of the Reference are awarded to the respondent and interested parties.
Full Case Text
Judgment text and source record
22 paragraphs
Omole v Wachira; Communist Party of Kenya (CPK) & another (Interested Party) (Civil Application E247 of 2022) [2022] KECA 799 (KLR) (29 July 2022) (Ruling)
Neutral citation: [2022] KECA 799 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Application E247 of 2022
DK Musinga, F Sichale & S ole Kantai, JJA
July 29, 2022
Between
Booker Ngesa Omole
Applicant
and
Benedict Wachira
Respondent
and
Communist Party of Kenya (CPK)
Interested Party
Independent Electoral & Boundaries Commission
Interested Party
(Being an application for extension of time to file Notice of Appeal from the Judgment of the High Court of Kenya at Nairobi (Mulwa, J.) dated 7th June, 2022 in H.C.C.A. No. E298 of 2022)
Ruling
1. Upon considering the letter by Messrs Okongo, Wandago & Company Advocates dated July 25, 2022 requesting for variation of the dismissal orders made by K. M’Inoti, J.A. on July 25, 2022 on the Motion dated July 13, 2022 which sought extension of time to appeal the High Court Judgment, we decline to vary the said orders and award costs of the Reference to the respondent and the interested parties. The reasons thereof shall be given on September 23, 2022.
DATED AND DELIVERED AT NAIROBI THIS 29TH DAY OF JULY, 2022. D.K. MUSINGA, (P)…………………………..JUDGE OF APPEALF. SICHALE………………………….JUDGE OF APPEALS. ole KANTAI…………………………JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR