Kenya Judgment

Court of Appeal

Phylip O. Mwabe v Orange Democratic Movement & another [2017] KECA 495 (KLR)

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01

Holding and result

After considering the entire record, rival submissions, and authorities, the Court found no reason to interfere with the High Court decision and dismissed the appeal in its entirety, directing each party to bear its own costs.

Court disposition

Appeal dismissed in its entirety.

Orders

  • Each party shall bear its own costs.

02

Material facts

Parties

PHYLIP O. MWABE

Appellant

Orange Democratic Movement

1st Respondent

Joseph Obiero Ndiege

2nd Respondent

03

Procedural history

  1. Posture

    Civil Appeal From an Election Petition Judgment / Judgment of the Court of Appeal Dismissing the Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant challenged the High Court judgment and sought appellate intervention; the appeal was argued before the Court of Appeal on behalf of the appellant.
Respondent
The respondents opposed the appeal and relied on their submissions and authorities to support the High Court decision.

05

Court’s reasoning

  1. 01

    Court of Appeal judgment

    An appellate court may dismiss an appeal after considering the record, submissions, and authorities where no basis for interference is found.

  2. 02

    Court of Appeal judgment

    Costs may be ordered to follow the court's discretion, including directing each party to bear own costs.

06

Ratio, limits and disposition

Ratio decidendi

After considering the entire record, rival submissions, and authorities, the Court found no reason to interfere with the High Court decision and dismissed the appeal in its entirety, directing each party to bear its own costs.

Court disposition

Appeal dismissed in its entirety.

  • Each party shall bear its own costs.

Source and reliance status

Court of Appeal

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court of Appeal

Judgment

[2017] KECA 495 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI (CORAM: NAMBUYE, OUKO & GATEMBU , JJA) CIVIL APPEAL NO.150 OF 2017

BETWEEN PHYLIP O. MWABE.................................................APPELLANT

VERSUS ORANGE DEMOCRATIC MOVEMENT......1ST RESPONDENT JOSEPH OBIERO NDIEGE...........................2ND RESPONDENT (Appeal from the Judgment and Order of the High Court of Kenya at Nairobi (Onyiego, J) Dated 25th May, 2017 in Election Petition No. 19 of 2017) ****

JUDGMENT OF THE COURT This appeal was exhaustively argued before us by learned counsel on board for the respective parties on the 14th 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 21st 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 16TH DAY OF JUNE, 2017 R.N. NAMBUYE ……………………....

JUDGE OF APPEAL W. OUKO …………….…………

JUDGE OF APPEAL S. GATEMBU KAIRU FCIArb …………………………………

JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Election Petition No. 19 of 2017 (High Court of Kenya at Nairobi, Onyiego J, 25 May 2017)

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