[2018] KECA 505 (KLR)
The court found that the Notice of Appeal dated 14th December, 2017 and filed by Stephen M. Mogaka did not comply with the mandatory procedural requirements under Section 85A(1)(a) of the Election Act and Rule 83 of the Court of Appeal Rules. As a result, the court ordered that the Notice of Appeal be struck out,...
Source-derived case information.
- Citation
- [2018] KECA 505 (KLR)
- Parties
- Appellant: Stephen M. Mogaka; Respondent: Independent Electoral and Boundaries Commission; Respondent: Vincent Kemosi Mogaka; Respondent: Returning Officer, West Mugirango Constituency
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Election Petition 6 of 2017
- Procedural Posture
- Election Petition / Order on Notice to Show Cause Regarding Striking Out of Notice of Appeal
- Outcome
- Notice of Appeal struck out.
- Judges
- AM Githinji, GG Okwengu, A Mohammed
- Legal Topics
- Notice of Appeal, Striking Out Proceedings, Election Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen M. Mogaka
Appellant
Independent Electoral and Boundaries Commission
Respondent
Vincent Kemosi Mogaka
Respondent
Returning Officer, West Mugirango Constituency
Respondent
Procedural Posture
Election Petition / Order on Notice to Show Cause Regarding Striking Out of Notice of Appeal
Legal Issues
- 1 Whether the Notice of Appeal filed by the appellant should be struck out under Section 85A(1)(a) of the Election Act and Rule 83 of the Court of Appeal Rules.
Ratio Decidendi
The court found that the Notice of Appeal dated 14th December, 2017 and filed by Stephen M. Mogaka did not comply with the mandatory procedural requirements under Section 85A(1)(a) of the Election Act and Rule 83 of the Court of Appeal Rules. As a result, the court ordered that the Notice of Appeal be struck out, thereby terminating the appellant's attempt to appeal in this election petition matter.
Court Disposition
Notice of Appeal struck out.
Orders
- The Notice of Appeal dated 14th December, 2017 and filed by Stephen M. Mogaka is struck out.
Full Case Text
Judgment text and source record
31 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: E.M.GITHINJI, HANNAH OKWENGU &
J. MOHAMMED, JJ.A.)
CIVIL APPEAL ELECTION PETITION NO. 6 OF 2017
BETWEEN
STEPHEN M. MOGAKA.......................................................APPELLANT
AND
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION...................................1ST RESPONDENT
VINCENT KEMOSI MOGAKA.................................2ND RESPONDENT
RETURNING OFFICER, WEST
MUGIRANGO CONSTITUENCY..............................3RD RESPONDENT
(Being Notice to show cause why the Notice of Appeal should not be struck out under Section 85 A (1) (a) of the Election Act and Rule 83 of the Court of Appeal Rules
in
ELECTION PETITION CIVIL APPEAL NO. 6 OF 2017)
*******************************************
ORDER OF THE COURT
The Notice of Appeal dated 14th December, 2017 and filed by Stephen M. Mogaka is struck out pursuant to a Ruling dated today in Civil Application No. 6 of 2017 dated 10th January, 2018.
Made at Kisumu this 19th day of June, 2018.
E. M. GITHINJI
…………………………..
JUDGE OF APPEAL
HANNAH OKWENGU
………………………….
JUDGE OF APPEAL
J. MOHAMMED
…………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR