[2022] KECA 948 (KLR)
The Court of Appeal found that the applicants failed to demonstrate sufficient cause to justify the extension of time to file the notice of appeal out of time. The court considered the arguments and authorities cited but concluded that the application lacked merit. Consequently, the application was dismissed...
Source-derived case information.
- Citation
- [2022] KECA 948 (KLR)
- Parties
- Appellant: Orange Democratic Movement Party; Appellant: National Elections Board ODM – Party; Respondent: Geoffrey Otieno Opiyo; Respondent: Zakayo Ongono Okuma; Respondent: Independent Electoral and Boundaries Commission
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Election Petition Appeal (Application) E186 of 2022
- Procedural Posture
- Election Petition Appeal / Ruling on Application for Extension of Time to File Notice of Appeal
- Outcome
- application dismissed
- Judges
- MSA Makhandia, HA Omondi, F Tuiyott
- Legal Topics
- Extension of Time, Notice of Appeal, Election Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Orange Democratic Movement Party
Appellant
National Elections Board ODM – Party
Appellant
Geoffrey Otieno Opiyo
Respondent
Zakayo Ongono Okuma
Respondent
Independent Electoral and Boundaries Commission
Respondent
Procedural Posture
Election Petition Appeal / Ruling on Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicants have demonstrated sufficient cause for extension of time to file a notice of appeal out of time.
Ratio Decidendi
The Court of Appeal found that the applicants failed to demonstrate sufficient cause to justify the extension of time to file the notice of appeal out of time. The court considered the arguments and authorities cited but concluded that the application lacked merit. Consequently, the application was dismissed pursuant to Rule 34(7) of the Court of Appeal Rules, 2022, with reasons to be given on a later date.
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 15th July, 2022 is dismissed.
- Reasons for the decision to be given on 12th August, 2022.
Full Case Text
Judgment text and source record
24 paragraphs
Orange Democratic Movement Party & another v Opiyo & 2 others (Election Petition Appeal (Application) E186 of 2022) [2022] KECA 948 (KLR) (3 August 2022) (Ruling)
Neutral citation: [2022] KECA 948 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Election Petition Appeal (Application) E186 of 2022
MSA Makhandia, HA Omondi & F Tuiyott, JJA
August 3, 2022
Between
Orange Democratic Movement Party
1st Appellant
National Elections Board ODM – Party
2nd Appellant
and
Geoffrey Otieno Opiyo
1st Respondent
Zakayo Ongono Okuma
2nd Respondent
Independent Electoral and Boundaries Commission
3rd Respondent
(Being an application for extension of time to file a notice of appeal out of time from the judgment of the High Court of Kenya at Kisumu, (Kamau, J.) delivered on 27th May, 2022 in HCCA NO. E034 OF 2022 Civil Appeal E034 of 2022 )
Ruling
1. Having considered the Notice of Motion dated 15th July, 2022 and arguments of counsel made in support and in opposition of the said application, and further having considered authorities cited to us, we reach a conclusion that the said Motion is devoid of merit. It is hereby dismissed.
2. This decision is rendered pursuant to Rule 34 (7) of the Court of Appeal Rules, 2022, the reasons wherefor shall be given on 12th August, 2022.
DATED AND DELIVERED AT KISUMU THIS 3RD DAY OF AUGUST, 2022. ASIKE-MAKHANDIA........................JUDGE OF APPEALH. A. OMONDI.........................JUDGE OF APPEALF. TUIYOTT...........................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR