Waibara v Kibeh & another (Civil Appeal E 468 of 2020) [2021] KECA 231 (KLR) (5 November 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 231
- Citation
- [2021] KECA 231 (KLR)
- Decided
- 5 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to strike out Record of AppealCoramOLE KANTAI, AK MURGOR, KORIR
Holding
The appeal is dismissed as the Record of Appeal was filed within the prescribed time frame and the appeal did not arise from an election petition.
Facts
The applicant filed a petition seeking the removal of the 1st respondent as a Member of the National Assembly. The petition was dismissed and appealed to the Court of Appeal. The High Court declared the seat vacant and stayed the appeal pending further proceedings.
Issues
- Whether the Record of Appeal was filed within the prescribed time frame
- Whether the appeal arose from an election petition
Reasoning
The Court found that the appeal was filed within 60 days of the judgment and that it did not arise from an election petition. The Court applied the Court of Appeal Rules rather than the Election Court Rules.
Outcome
Application dismissed
Orders
- Record of Appeal struck out
Authorities cited
Legislation (4)
- Article 105 (2) of the Constitution
- Section 76(1) (c) of the Elections Act
- Section 85A of the Elections Act
- Rule 9(2) of the Court of Appeal election petition Rules 2017
Cases cited (3)
- Lemanken Aramat vs Harun Meitamei Lempaka & 2 Others [2014] eKLR
- John Munuve Mati vs Returning Officer Mwingi North Constituency, Independent Electoral & Boundaries Commission & Paul Misyimi Nzengu [2018] eKLR
- Lorna Chepkemoi Laboso vs Anthony Kipkoskei Kimeto & Two Others – Civil Appeal (Application) No. 172 of 2005 ( Unreported)
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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