Bichage v Tongi & 2 others (Civil Application 39 of 2013) [2013] KECA 141 (KLR) (22 November 2013) (Ruling)
- Court
- Court of Appeal
- Case number
- 141
- Citation
- [2013] KECA 141 (KLR)
- Decided
- 22 November 2013
The court has jurisdiction to entertain the application and grants a stay of the proceedings to preserve the subject matter till the appeal is fully heard and determined within six months.
Facts
Presidential, Gubernatorial, Senatorial, Parliamentary elections were held in Kenya. The applicant was one of the candidates for the Parliamentary elections in Nyaribari Chache Constituency. The Independent Electoral & Boundaries Commission appointed the third respondent as the Returning Officer.
Issues
- Whether the court has jurisdiction to entertain the application for stay of execution pending appeal
- Whether the court should grant a stay of the proceedings to preserve the subject matter till the appeal is fully heard and determined
Reasoning
The court concludes that the application was brought pursuant to Rule 5(2)(b) of the Court of Appeal's Rules and that it has a duty to hear applications directly connected to the appeal. The court grants a stay of the proceedings to prevent the appeal from being rendered nugatory.
Outcome
The court grants a stay of the proceedings pending the appeal.
Orders
- Grant a stay of the proceedings pending the appeal
Remedies
- Preservation of the subject matter till the appeal is fully heard and determined
Authorities cited
Legislation (2)
- Elections Act
- Elections (Parliamentary and County Elections) Petition Rules, 2013
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