Okello & another v Independent Electoral & Boundaries Commission & 6 others [2013] KECA 42 (KLR)
- Court
- Court of Appeal
- Case number
- 42
- Citation
- [2013] KECA 42 (KLR)
- Decided
- 27 September 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureAppeal from a preliminary objection to an election court's interlocutory decisionCoramEdward M. Muriithi, Karan, Kiage, Law, Murgor, Muchelule, Nyarangi, Odek, S. Ole Kantai
Holding
The Court of Appeal has jurisdiction to hear appeals from the High Court on election disputes.
Facts
Jared Odoyo Okello was a candidate in the 4th March 2013 elections for Member of National Assembly, Nyando Constituency. He was nominated by the political party Ford Kenya. The other contestants included Fredrick Otieno Outa, Martin Omulo, and Nicholas Awando Otieno.
Issues
- whether the Court of Appeal has jurisdiction to hear an appeal from an interlocutory decision of the High Court in election matters
- whether the Court of Appeal has jurisdiction to hear an appeal from the High Court on election disputes
Reasoning
The Court of Appeal has jurisdiction to hear appeals from the High Court on election disputes under Article 164(3) of the Constitution of Kenya, 2010, which does not impose restrictions on the jurisdiction of the Court of Appeal to hear appeals from the High Court.
Outcome
Affirmed
Authorities cited
Legislation (1)
- Article 164(3) of the Constitution of Kenya, 2010
Cases cited (3)
- MUKISA BISCUIT MANUFACTURING CO LTD V WEST END DISTRIBUTORS LTD
- THE OWNERS OF THE MOTOR VESSEL “LILLIAN S” V CALTEX OIL (KENYA) LTD
- ANARITA KARIMI NJERU V THE REPUBLIC, (No. 2) (1976-80) 1 KLR 1283
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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