Wavinya Ndeti v Independent Electoral & Boundaries Commission (IEBC) & 4 others [2014] KECA 629 (KLR)
- Court
- Court of Appeal
- Case number
- 629
- Citation
- [2014] KECA 629 (KLR)
- Decided
- 9 April 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the High Court's judgment dismissing the election petitionCoramE.M. Githinji, R.N. Nambuye, K. M'Inoti
Holding
The appeal is incompetent and is struck out with costs
Facts
Wavinya Ndeti and Alfred Mutua Nganga were among six candidates in the 2013 Machakos County gubernatorial election. Nganga was declared the winner, and Ndeti filed an election petition alleging electoral malpractices.
Issues
- Whether the appeal was filed within the 30-day time limit specified in section 85A(a) of the Elections Act
- Whether the capping of costs at Kshs. 2.5 million was ultra vires the Advocates Act
Reasoning
The Court found that the appeal was filed outside the 30-day time limit specified in section 85A(a) of the Elections Act, and that the capping of costs was not in accordance with the Advocates Act.
Outcome
The appeal and cross appeal are struck out with costs
Orders
- The appeal is struck out with costs
- The cross appeal is struck out with costs
Authorities cited
Legislation (2)
- Elections Act
- Constitution of Kenya
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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