Jayne Njeri Wanjiru Kihara v Christoher L. Ajele (Returning Officer Naivasha Constituency) & 2 others [2021] KEHC 4205 (KLR)
- Court
- High Court of Kenya
- Case number
- 4205
- Citation
- [2021] KEHC 4205 (KLR)
- Decided
- 31 August 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeElection PetitionPostureAppeal from a Ruling dismissing objections and affirming the decision of the Taxing MasterCoramJoel Ngugi
Holding
The Application is dismissed without costs.
Facts
The Applicant brought an election petition following the 2007 General Elections. She lost the petition and the matter was taxed for costs. The Applicant was dissatisfied with the assessed costs awarded to the 3rd Respondent and applied to the High Court for their setting aside. The High Court granted leave to appeal and stayed the execution of the ruling.
Issues
- Abuse of process
- Stay of execution of orders
Reasoning
The Court found the Applicant's application to be an abuse of process, as she had already appealed to the Court of Appeal and was already functus officio regarding the same matter. The Court ordered the Applicant to pay the costs of the Application.
Outcome
The Application is dismissed without costs.
Orders
- The Applicant shall pay the costs of the Application.
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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