Vincent Kemosi Mogaka v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 502 (KLR)
- Court
- Court of Appeal
- Case number
- 502
- Citation
- [2018] KECA 502 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeElection Petition AppealPostureApplication to strike out Notice of AppealCoramJ. Mohammed, Hannah Okwengu, E. M. Githinji
Holding
The Notice of Appeal is struck out as no appeal was filed within the statutory 30 days.
Facts
The appellant, Vincent Kemosi Mogaka, filed a notice of appeal against the decision of the Election Court, but failed to file an appeal within the 30 days stipulated by section 85A (1) (a) of the Elections Act as read with Rule 8(5) of the Court of Appeal (Election Petition) Rules, 2017.
Issues
- Validity of Notice of Appeal
- Time Limit for Filing Appeal
Reasoning
The 30 days limited for the filing of the appeal has lapsed, and no competent appeal can be filed.
Outcome
The Notice of Appeal dated 21st December, 2017 and filed in Court on the same day is struck out.
Orders
- Notice of Appeal struck out
Remedies
- Costs awarded to the respondents
Authorities cited
Legislation (2)
- Elections Act
- Court of Appeal (Election Petition) Rules, 2017
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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