Meru County Assembly & 2 others v Muriuki & 5 others (Civil Appeal (Application) E128 & E130 of 2021 (Consolidated)) [2022] KECA 1280 (KLR) (18 November 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1280
- Citation
- [2022] KECA 1280 (KLR)
- Decided
- 18 November 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court's judgment and decreeCoramA.K. Murgor, F. Sichahe, F. Tuiott
Holding
The appeals are struck out with costs to the applicant.
Facts
The Meru County Assembly and Jacob Karari appealed against the High Court's judgment, while Kenneth Muriuki and Meru County Assembly Service Board sought to strike out the appeals.
Issues
- Failure to serve the notice of appeal within the prescribed time frame
- Lack of extension of time for service of the notice and record of appeal
Reasoning
The Court found that the notice of appeal was not served on the applicant within the prescribed seven-day period and that the respondents did not seek an extension of time for service.
Outcome
The appeals are struck out with costs.
Orders
- The notices and records of appeal lodged in this Court on 30th November 2021 in respect of Civil Appeals Nos. E128 and E130 of 2021 are hereby struck out with costs to the applicant.
Authorities cited
Cases cited (3)
- Rule 77(1) and (2), 84, and 90 of the Court of Appeal Rules, 2010
- Article 159(2)(c) of the Constitution of Kenya
- Daniel Nkirimpa Monirel vs Sayialel Ole Koilel & 4 Others [2016] eKLR
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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