Orange Democratic Movement Kenya v Henry Bill Mwendwa & 8 others [2008] KECA 106 (KLR)
- Court
- Court of Appeal
- Case number
- 106
- Citation
- [2008] KECA 106 (KLR)
- Decided
- 17 October 2008
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for injunction pending appealCoramP.K. TUNOI, S.E.O. BOSIRE, D.K.S. AGANYANYA
Holding
The application is dismissed with no order as to costs.
Facts
The Orange Democratic Movement Kenya applied for an injunction to prevent the swearing in of four respondents as councilors pending the appeal against the revocation of their nomination. The respondents were already sworn in by the time the application was heard.
Issues
- Whether the court can grant an injunction to prevent the swearing in of the respondents as councilors.
- Whether the court can grant an injunction to prevent the swearing in of the respondents as councilors without a specific prayer for such an order.
Reasoning
The court ruled that the application was not properly brought and that the respondents had already been sworn in by the time the application was heard. The court also stated that the application could not be amended to include an injunction to prevent the swearing in of the respondents.
Outcome
Dismissed
Authorities cited
Cases cited (1)
- Yego v. Tuiya & Another [1986] KLR 726
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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