DANIEL TOROITICH ARAP MOI v JOHN HARUN MWAU [1997] KECA 16 (KLR)
- Court
- Court of Appeal
- Case number
- 16
- Citation
- [1997] KECA 16 (KLR)
- Decided
- 16 January 1997
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for striking out Notice of AppealCoramA. M. Cockar, R. S. C. Omolo, A. M. Akwummi
Holding
No appeal lies to the Court of Appeal from 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 ruled in favor of Moi.
Issues
- Whether an appeal lies to the Court of Appeal from the High Court's decision in the election petition.
- Whether the Court of Appeal has jurisdiction to hear the appeal.
Reasoning
The Court of Appeal held that the High Court's decision was a final determination of the election petition, and that the Constitution denies appeals to the Court of Appeal 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.
Orders
- The respondent's notice of appeal is struck out with costs.
Authorities cited
Legislation (2)
- Constitution of Kenya
- Civil Procedure Act
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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