DANIEL TOROITICH ARAP MOI v JOHN HARUN MWAU [1997] KECA 14 (KLR)
- Court
- Court of Appeal
- Case number
- 14
- Citation
- [1997] KECA 14 (KLR)
- Decided
- 16 January 1997
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for striking out Notice of AppealCoramR.S.C. Omo-lo, A.M. Akwum-i, A.M. Cockar
Holding
No appeal lies to the court against the High Court's decision in the election petition.
Facts
John Harun Mwau challenged the election of Daniel Toroitich Arap Moi as President of Kenya in an election petition. The High Court of Kenya ruled in favor of Moi.
Issues
- Whether an appeal lies to the court against the High Court's decision in the election petition.
- Whether the court has jurisdiction to hear the appeal.
Reasoning
The court ruled that the respondent's election petition was not a proper election petition as it did not challenge the nomination of the applicant, which is an integral part of the election process. The court also held that the Constitution specifically denies appeals to this court in respect of the decisions of the High Court in proper election petitions.
Outcome
The applicant's application succeeds and the respondent's notice of appeal is struck out with costs for the applicant.
Orders
- The respondent's notice of appeal is struck out.
Authorities cited
Cases cited (2)
- Kenneth Stanley Njindo Matiba v Daniel Toroitich Arap Moi Civil Application No. NAI. 241 of 1993 (NAI.103/93UR)
- MUNENE V REPUBLIC (No.2) [1978] KLR 105
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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