[2021] KEHC 7823 (KLR)
The court found that granting the interim order to impound and place the motor vehicle in police custody would effectively set aside its earlier ex parte order staying impounding by auctioneers, which is not appropriate at this stage. However, to preserve the subject matter and in the interest of justice, the court...
Source-derived case information.
- Citation
- [2021] KEHC 7823 (KLR)
- Parties
- Applicant: Seth Ambusini Panyako; Respondent: The Independent Electoral and Boundaries Commission; Respondent: The Returning Officer Kakamega County; Respondent: Cleophas Wakhungu Malalah
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Election Petition E001 of 2021
- Procedural Posture
- Election Petitions / Interlocutory Application During Recess
- Outcome
- Application certified as urgent; interim orders for impounding declined; preservation order granted.
- Judges
- RE Aburili
- Legal Topics
- Interim Orders, Preservation of Property, Urgency Certification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Seth Ambusini Panyako
Applicant
The Independent Electoral and Boundaries Commission
Respondent
The Returning Officer Kakamega County
Respondent
Cleophas Wakhungu Malalah
Respondent
Procedural Posture
Election Petitions / Interlocutory Application During Recess
Legal Issues
- 1 Whether the application should be heard during court recess.
- 2 Whether interim orders for impounding and placing the motor vehicle in police custody should be granted.
- 3 Whether the applicant is entitled to preservation orders over the subject motor vehicle pending hearing of the main application.
Ratio Decidendi
The court found that granting the interim order to impound and place the motor vehicle in police custody would effectively set aside its earlier ex parte order staying impounding by auctioneers, which is not appropriate at this stage. However, to preserve the subject matter and in the interest of justice, the court ordered that the petitioner shall not sell or dispose of the motor vehicle pending the interpartes hearing of the applications. The application was certified as urgent and directions were given for service and interpartes hearing.
Court Disposition
Application certified as urgent; interim orders for impounding declined; preservation order granted.
Orders
- Leave granted for the application to be heard during recess.
- Applicant to serve respondents forthwith for interpartes hearing on 9/4/2021.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
ELECTION PETITION NO. E001 OF 2021
ORIGINATING FROM
KAKAMEGA ELECTION PETITION NO. 14 OF 2017
SETH AMBUSINI PANYAKO.......................................PETITIONER/APPLICANT
VERSUS
THE INDEPENDENT ELECTORAL
AND BOUNDARIES COMMISSION............ ....1ST DEFENDANT/RESPONDENT
THE RETURNING OFFICER
KAKAMEGA COUNTY.................................... ..2ND DEFENDANT/RESPONDENT
CLEOPHAS WAKHUNGU MALALAH............3RD DEFENDANT/RESPONDENT
RULING NO.1
1. I have considered the application under Certificate of Urgency to be heard during the recess. I grant leave to the applicant to be heard during the recess.
2. On the prayer for orders directing the Respondent to surrender his motor vehicle KCQ 490U in the custody of OCS Kakamega Police Station pending hearing and determination of the Petitioner’s application dated 24/3/2021, I find the application to be urgent. I certify it as urgent and direct the applicant to serve the Respondent’s counsel forthwith for interpartes consideration on 9/4/2021, together with Petitioner’s application dated 24/3/2021.
3. On whether I should grant interim orders, having granted stay of impounding of the subject motor vehicle KCQ 490U by Jakacha Auctioneers on 26/3/2021 to grant another order for impounding and placing it in the custody of the police would amount to setting aside the orders of this court made exparte on 26/3/2021.
4. For the above reasonS, I decline to make the orders sought in the interim as framed. I however, order that in the interest of justice, the Petitioner shall not sell or dispose of motor vehicle registration No. KCQ 490U pending hearing and determination of his own application dated 24/3/2021 and the application herein dated 29/3/2021 interpartes.
5. Orders accordingly.
Dated, signed and delivered at Siaya, this 30th Day of March 2021
R.E. ABURILI
JUDGE