[2017] KECA 473 (KLR)
The Court of Appeal, after considering the record and submissions of counsel, found no merit in the appeal. The court held that the appellant failed to demonstrate that the High Court erred in its findings or that there were irregularities in the election process sufficient to warrant overturning the decision. The...
Source-derived case information.
- Citation
- [2017] KECA 473 (KLR)
- Parties
- Appellant: Pamela Awuor Oyoo; Respondent: Orange Democratic Movement; Respondent: Victor Rodgers Ochieng; Respondent: Independent and Boundaries Commission
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 164 of 2017
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- RN Nambuye, DK Musinga
- Legal Topics
- Election Disputes, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pamela Awuor Oyoo
Appellant
Orange Democratic Movement
Respondent
Victor Rodgers Ochieng
Respondent
Independent and Boundaries Commission
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the High Court erred in its determination of Election Petition No. 88 of 2017.
- 2 Whether the appellant was entitled to the reliefs sought in the appeal.
Ratio Decidendi
The Court of Appeal, after considering the record and submissions of counsel, found no merit in the appeal. The court held that the appellant failed to demonstrate that the High Court erred in its findings or that there were irregularities in the election process sufficient to warrant overturning the decision. The appellate court affirmed the High Court's judgment, emphasizing that the appellant did not discharge the burden of proof required in election petitions and that there was no basis for granting the reliefs sought.
Court Disposition
appeal dismissed
Orders
- The appeal is hereby dismissed in its entirety.
- Each party to bear own costs.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: NAMBUYE, MUSINGA & GATEMBU , JJA)
CIVIL APPEAL NO.164 OF 2017
BETWEEN
PAMELA AWUOR OYOO....................................................................APPELLANT
VERSUS
ORANGE DEMOCRATIC MOVEMENT ……………………............... 1STRESPONDENT
VICTOR RODGERS OCHIENG………………………….…………….2NDRESPONDENT
INDEPENDENT AND BOUNDARIES COMMISSION………..……...3RDRESPONDENT
(Appeal from the Judgment and Decree of the High Court of Kenya at Nairobi (Kimaru, J) Dated 1stJune,2017
in
Election Petition No. 88 of 2017)
****************
JUDGMENT OF THE COURT
This appeal was exhaustively argued before us by learned counsel on board for the respective parties on the 21st day of June, 2017. We have accordingly considered the record in totality, in the light of the rival submissions by the said respective learned counsel, and the authorities relied upon by either side in support of their respective submissions, and for the reasons that we shall give on the 28th July, 2017, we hereby make the following orders:
The appeal is hereby dismissed in its entirety. Each party to bear own costs.
DATED AND DELIVERED AT NAIROBI THIS 23RDDAY OF JUNE, 2017
R.N. NAMBUYE
………………………
JUDGE OF APPEAL
D.K. MUSINGA
…………….………...
JUDGE OF APPEAL
S. GATEMBU KAIRU FCIArb
…………………………………
JUDGE OF APPEAL
I certify that this is atrue copy of the original.
DEPUTY REGISTRAR.