Njomo v Waithaka & 2 others (Election Petition Appeal (Application) E002 of 2023) [2023] KECA 753 (KLR) (22 June 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 753
- Citation
- [2023] KECA 753 (KLR)
- Decided
- 22 June 2023
The appellant has approached this Court with unclean hands and has blatantly disobeyed the court's orders requiring him to deposit security.
Facts
On 14th April, 2023, the High Court directed the appellant to deposit security for costs as a pre-condition for hearing the appeal. The appellant failed to comply, and the court granted the respondents liberty to apply for orders to strike out the appeal.
Issues
- Whether the appellant has failed to deposit security for costs as a pre-condition for hearing the appeal.
- Whether the respondents' application to strike out the appeal is self-executing.
Reasoning
The appellant failed to comply with the court's order to deposit security for costs, and his argument that he cannot pay the deposit until he obtains the certified proceedings and judgment is inconsistent with his persistent claim that he can only pay the deposit after filing the supplementary record of appeal.
Outcome
The appeal is struck out, and the record of appeal is also struck out with costs to the respondents.
Orders
- The appellant is directed to deposit security for costs.
- The appellant is directed to file and serve the response and written submissions by close of business on 6th June 2023.
- The application be listed for hearing within three days hereof.
Remedies
- Costs to the respondents.
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