[2022] KECA 801 (KLR)
The Court of Appeal found that the High Court erred in setting aside its own judgment delivered on 1st July 2022 in Civil (Election) Appeal No. E413 of 2022. The appellate court held that the High Court was functus officio after delivering its judgment and lacked jurisdiction to revisit or alter the decision except...
Source-derived case information.
- Citation
- [2022] KECA 801 (KLR)
- Parties
- Appellant: Orange Democratic Movement; Respondent: Joseph Ouma Dhonji; Respondent: Shadrack Machanje Namunyu; Respondent: Independent Electoral and Boundaries Commission; Respondent: Catherine Mumma; Appellant: Catherine Mumma; Interested Party: Shadrack Machanje Namunyu; Interested Party: Orange Democratic Party
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E459 of 2022
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeals allowed; High Court orders set aside; original judgment reinstated; each party to bear own costs
- Judges
- DK Musinga, F Sichale, S ole Kantai
- Legal Topics
- Appeal Procedure, Election Nomination Disputes, Setting Aside Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Orange Democratic Movement
Appellant
Joseph Ouma Dhonji
Respondent
Shadrack Machanje Namunyu
Respondent
Independent Electoral and Boundaries Commission
Respondent
Catherine Mumma
Respondent
Catherine Mumma
Appellant
Shadrack Machanje Namunyu
Interested Party
Orange Democratic Party
Interested Party
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the High Court erred in setting aside its earlier judgment in Civil (Election) Appeal No. E413 of 2022.
- 2 Whether the original judgment delivered on 1st July 2022 should be reinstated.
Ratio Decidendi
The Court of Appeal found that the High Court erred in setting aside its own judgment delivered on 1st July 2022 in Civil (Election) Appeal No. E413 of 2022. The appellate court held that the High Court was functus officio after delivering its judgment and lacked jurisdiction to revisit or alter the decision except as provided by law. The orders issued on 18th July 2022 were therefore irregular and without legal foundation. Consequently, the Court of Appeal allowed the appeals, set aside the ruling and orders of 18th July 2022, and reinstated the original judgment of 1st July 2022. Each party was ordered to bear its own costs.
Court Disposition
appeals allowed; High Court orders set aside; original judgment reinstated; each party to bear own costs
Orders
- The appeals are allowed.
- The ruling and orders of Sergon, J. in Civil (Election) Appeal No. E413 of 2022 given on 18th July 2022 are set aside.
Full Case Text
Judgment text and source record
52 paragraphs
Orange Democratic Movement & another v Dhonji & 4 others; Namunyu & another (Interested Parties) (Civil Appeal E459 & E473 of 2022 & Civil Application E257 of 2022 (Consolidated)) [2022] KECA 801 (KLR) (29 July 2022) (Judgment)
Neutral citation: [2022] KECA 801 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal E459 & E473 of 2022 & Civil Application E257 of 2022 (Consolidated)
DK Musinga, F Sichale & S ole Kantai, JJA
July 29, 2022
Between
Orange Democratic Movement
Appellant
and
Joseph Ouma Dhonji
1st Respondent
Shadrack Machanje Namunyu
2nd Respondent
Independent Electoral and Boundaries Commission
3rd Respondent
Catherine Mumma
4th Respondent
As consolidated with
Civil Appeal E473 of 2022
Between
Catherine Mumma
Appellant
and
Joseph Ouma Dhonji
Respondent
and
Shadrack Machanje Namunyu
Interested Party
Orange Democratic Party
Interested Party
As consolidated with
Civil Application E257 of 2022
Between
Orange Democratic Movement
Appellant
and
Joseph Ouma Dhonji
1st Respondent
Shadrack Machanje Namunyu
2nd Respondent
Independent Electoral and Boundaries Commission
3rd Respondent
Catherine Mumma
4th Respondent
(Being an appeal from the Ruling of the High Court of Kenya at Nairobi (Sergon, J.) delivered on 18th July 2022 in H.C. Civil Appeal No. E413 of 2022 Civil (Election) Appeal E413, E414, E430 & E433 of 2022 (Consolidated) )
Judgment
1. Upon considering the records of appeal in the above consolidated matters and the written and oral submissions by counsel for the various parties, we hereby allow the appeals and set aside the ruling and orders of Sergon, J. in Civil (Election) Appeal No. E413 of 2022 given on 18th July 2022. We substitute therefor an order reinstating the judgment by the learned judge of 1st July 2022 in Civil (Election) Appeal No. E413 of 2022.
2. We order that each party bears its own costs.
3. The reasons for this judgment shall be delivered on 23rd September 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 originalSignedDEPUTY REGISTRAR