JOSEPH CHACHA MWITA & 3 OTHERS v UHURU KENYATTA & 6 OTHERS [2007] KECA 258 (KLR)
- Court
- Court of Appeal
- Case number
- 258
- Citation
- [2007] KECA 258 (KLR)
- Decided
- 13 July 2007
The Court ordered a stay of execution of the order made in the High Court and a stay of any arbitration proceedings pending the hearing and determination of the Civil Appeal.
Facts
The applicants are elected councilors from different wards in Kenya on a Kenya African National Union (KANU) political party ticket. They filed a plaint seeking declaratory and injunctive reliefs against the respondents, who are also KANU officials purporting to be members of the Orange Democratic Movement of Kenya (ODM-K).
Issues
- Whether the applicants' intended appeal is arguable or frivolous.
- Whether a stay of execution or injunction is necessary to prevent the respondents from taking actions that would deprive the applicants of their statutory rights under the Local Government Act, Cap 265 Laws of Kenya.
Reasoning
The Court applied the principles set out in Githunguri v. Jimba Credit Corporation Ltd (No.2) (1988) KLR 838, which guide the Court in applications under rule 5(2)(b). The Court found that the applicants' appeal is arguable and that a stay is necessary to prevent the respondents from taking actions that would render the appeal nugatory.
Outcome
The Court granted the applicants' application for a stay of execution and injunction.
Orders
- A stay of execution of the order made in the High Court Civil Case No. 54 of 2007 pending the hearing and determination of Civil Appeal No. NAK 8 of 2007 (UR).
- A stay of any arbitration proceedings as ordered in the said suit pending the hearing and determination of Civil Appeal No. NAK 8 of 2007 (UR).
Remedies
- A temporary injunction order to restrain the respondents from taking actions that would deprive the applicants of their statutory rights under the Local Government Act, Cap 265 Laws of Kenya.
- A mandatory injunction to compel the respondents to surrender the property and assets of KANU to either the party or themselves.
Authorities cited
Legislation (2)
- Local Government Act, Cap 265 Laws of Kenya
- Arbitration Act, Act No.4 of 1995, Laws of Kenya
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