Joyce Wamalwa Returning Officer Webuye East Constituency & another v Moses Wanjala Lukoye & 2 others [2015] KECA 609 (KLR)
- Court
- Court of Appeal
- Case number
- 609
- Citation
- [2015] KECA 609 (KLR)
- Decided
- 18 June 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to strike out Notice of AppealCoramD. K. MARAGA, S. GATEMBU KAIRU, A. K. MURGOR
Holding
The Notice of Appeal is deemed to have been withdrawn, and the application succeeds with the result that the Notice of Appeal dated 2nd October 2013 is struck out with costs to the applicants and the 2nd and 3rd respondents.
Facts
An election petition was filed against the applicants and respondents alleging irregularities in the elections for the member of Parliament Webuye East Constituency. The petition was dismissed by the High Court.
Issues
- Whether the Notice of Appeal was filed in time and on the correct form
- Whether the Record of Appeal was filed within six months of the decision sought to be challenged
Reasoning
The respondent failed to file the record of appeal within the stipulated period, thus the Notice of Appeal is deemed withdrawn.
Outcome
The Notice of Appeal dated 2nd October 2013 is struck out with costs to the applicants and the 2nd and 3rd respondents.
Orders
- The Notice of Appeal dated 2nd October 2013 is struck out
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Elections Act
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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