[2023] KECA 1044 (KLR)
The Court determined that since the appeal emanated from the High Court sitting in Nyamira, it ought to have been filed and heard at the Court of Appeal sitting in Kisumu. There was no valid reason to have the matter heard elsewhere, and the documents themselves indicated Kisumu as the appropriate registry. The...
Source-derived case information.
- Citation
- [2023] KECA 1044 (KLR)
- Parties
- Applicant: Dolphine Nyangara Onkoba; Respondent: Michelle Kemuma Omwoyo; Respondent: Independent Electoral and Boundaries Commission; Respondent: Jubilee Party
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Election Petition E014 of 2023
- Procedural Posture
- Election Petition / Pre Trial Conference Ruling on Venue
- Outcome
- The matter is to be redirected to the Court of Appeal sitting in Kisumu for mention on a priority basis.
- Judges
- A Ali-Aroni
- Legal Topics
- Appellate Jurisdiction, Venue of Filing, Procedural Irregularity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dolphine Nyangara Onkoba
Applicant
Michelle Kemuma Omwoyo
Respondent
Independent Electoral and Boundaries Commission
Respondent
Jubilee Party
Respondent
Procedural Posture
Election Petition / Pre Trial Conference Ruling on Venue
Legal Issues
- 1 Whether the appeal should be heard at the Court of Appeal sitting in Kisumu or Nairobi.
- 2 Whether the matter was properly filed in the correct registry.
Ratio Decidendi
The Court determined that since the appeal emanated from the High Court sitting in Nyamira, it ought to have been filed and heard at the Court of Appeal sitting in Kisumu. There was no valid reason to have the matter heard elsewhere, and the documents themselves indicated Kisumu as the appropriate registry. The judge therefore directed the registrar to transfer the matter to Kisumu for mention on a priority basis.
Court Disposition
The matter is to be redirected to the Court of Appeal sitting in Kisumu for mention on a priority basis.
Orders
- The registrar is directed to re-direct the matter to the Court of Appeal sitting in Kisumu for mention on priority basis.
Full Case Text
Judgment text and source record
24 paragraphs
Onkoba v Omwoyo & 2 others (Election Petition E014 of 2023) [2023] KECA 1044 (KLR) (5 July 2023) (Ruling)
Neutral citation: [2023] KECA 1044 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Election Petition E014 of 2023
A Ali-Aroni, JA
July 5, 2023
Between
Dolphine Nyangara Onkoba
Applicant
and
Michelle Kemuma Omwoyo
1st Respondent
Independent Electoral and Boundaries Commission
2nd Respondent
Jubilee Party
3rd Respondent
(An appeal from the Judgement of the High Court of Kenya at Nyamira (Lucy Njuguna, J) delivered on 29th May, 2023) in Election Petition Appeal No. E001 of 2023 (consolidated))
Ruling
1. The matter was placed before me on the July 5, 2023 for mention for purposes of a pre-trial conference, when Mr Achoki for the appellant informed the court that the appeal arises from a judgement of the High Court sitting in Nyamira and ought to have been filed in the Court of Appeal sitting in Kisumu. He went further to explain that he had indeed wished to file at the Kisumu registry but was not in the know how the matter ended up in Nairobi.
2. The 2nd respondent’s counsel was absent. However, Mr Mokua for the 1st respondent and Mr Maiyo for the 3rd respondent were both of the view that this matter could be heard in Nairobi.
3. Clearly from the pleadings before court the matter emanated from the High Court sitting in Nyamira and in the order of things ought to have been channeled to the Court of Appeal sitting in Kisumu. Indeed, the heading on the documents rightly states so. In my considered view, there would be no valid reason for having to hear the matter elsewhere other than Kisumu.
4. I hereby therefore, direct the registrar to re-direct the matter to the Court of Appeal sitting in Kisumu for a mention on priority basis.
DATED AND DELIVERED AT NAIROBI THIS 5TH DAY OF JULY, 2023. ALI-ARONI……………………JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR