Waibara v Kibeh & another (Civil Application E390 of 2021) [2022] KECA 406 (KLR) (4 March 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 406
- Citation
- [2022] KECA 406 (KLR)
- Decided
- 4 March 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication to set aside the Court's Ruling of 28th October 2020 in Civil Appeal No. E468 of 2020CoramHANNAH OKWENGU, K. M'INOTI, DR. K. I. LAIBUTA
Holding
The application is misconceived and without merit. It is accordingly dismissed with costs.
Facts
Clement Kung’u Waibara seeks to have Civil Appeal No. E468 of 2020 struck out due to lapse of time, arguing that the appeal was not filed within 6 months from the date of the impugned judgment.
Issues
- Whether the Court of Appeal lacks jurisdiction to entertain Civil Appeal No. E468 of 2020 due to lapse of time.
- Whether the appeal was filed within the 6-month statutory deadline provided by the Elections Act.
Reasoning
The Court of Appeal's jurisdiction to hear the constitutional petition was not subject to the timelines provided in the Elections Act. The appeal was filed within the 14-day notice of appeal and 60-day record of appeal timelines provided by the Court of Appeal Rules, 2010.
Outcome
Application dismissed with costs
Authorities cited
Legislation (8)
- Article 105(2) of the Constitution
- Section 76(1) (c) of the Elections Act
- Article 105(3) of the Constitution
- Article 99(2) (d) of the Constitution
- Article 103(1) (g) of the Constitution
- Section 85A of the Elections Act
- Court of Appeal Rules, 2010
- Court of Appeal Election (Petition Rules), 2017
Cases cited (5)
- John Munuve Mati vs Returning Officer Mwingi North Constituency, IEBC & Paul Musymi Nzegu [2018] eKLR
- Nicholas Kiptoo Arap Korir Salat vs IEBC & Others [2013] eKLR
- Maitha vs Said & Anor Civil appeal No. 292 of 1998 [2008] 2KLR (EP 33)
- John Florence Maritime Services Ltd. & Anor. vs Cabinet Secretary for Transport & Infrastructure & 3 Others [2015] eKLR
- Independent Electoral & Boundaries Commission vs Maina Kiai & others [2017] 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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