Julius Makau Malombe v Charity Kaluki Ngilu & 2 others [2018] KECA 460 (KLR)
- Court
- Court of Appeal
- Case number
- 460
- Citation
- [2018] KECA 460 (KLR)
- Decided
- 28 June 2018
The Court of Appeal dismissed the appeal, finding that the trial court did not err in its conclusions and that the jurisdiction of the Court of Appeal is limited to matters of law.
Facts
Dr. Julius Makau Malombe challenged the election results of Charity Kaluki Ngilu, claiming irregularities and illegalities in the gubernatorial elections of Kitui County.
Issues
- jurisdiction of the Court of Appeal
- burden and standard of proof in election petitions
- application of Section 85A of the Elections Act
Reasoning
The Court of Appeal held that the appeal is defective for non-compliance with Section 85A of the Elections Act, as 17 out of 20 grounds are based on matters of fact. The Court emphasized that the jurisdiction of the Court of Appeal is limited to matters of law unless the trial judge's conclusions are so perverse that no reasonable tribunal would reach such a conclusion.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Elections Act
- Constitution of Kenya
Cases cited (2)
- Raila Odinga & 2 others -v- Independent Electoral & Boundaries Commission & 3 others [2013] eKLR
- Gatirau Peter Munya -v- Dickson Mwenda Kithinji & 2 others [2014] eKLR
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