Gitonga & 3 others v Kamau & 4 others (Civil Application 2 of 2014) [2014] KESC 35 (KLR) (18 March 2014) (Ruling)

Summary at a glance

Facts

The case involves an application for extension of time to file a Notice of Appeal against the Judgment and Orders of the Court of Appeal in Nairobi Civil Appeal No 169 of 2013, Rose Wairimu Kamau & Others v The IEBC (Maraga, Mwera and J. Mohammed JJ.A) dated 8{{^th}}November, 2013.

Issues

• Whether the Supreme Court had the power to extend the time within which to file a Notice of Appeal at the Court of Appeal, for an intended appeal to the Supreme Court?
• What is the guiding principle when interpreting any law touching on the Supreme Court’s appellate jurisdiction?

Reasoning

The Supreme Court has the power to extend the time within which to file a Notice of Appeal at the Court of Appeal, for an intended appeal to the Supreme Court, under the Constitution, where the complaint in question has been certified as entailing a matter of general public importance or where such a complaint involves the interpretation or application of the Constitution.

Outcome

The Supreme Court granted the application for extension of time to file a Notice of Appeal.

Orders

• The Supreme Court granted the application for extension of time to file a Notice of Appeal.
• The Supreme Court held that the applicants’ case is that the Court of Appeal had been in error, by making orders that were inconsistent with the constitution of a political party, the TNA: with the consequence that IEBC which has responsibility for the conduct of elections, was disempowered in its supervision of the political party and, as a result, faulty implementation of that Court’s orders took place, compromising the applicants’ political rights.

Remedies

• Extension of time to file a Notice of Appeal at the Court of Appeal for an intended appeal to the Supreme Court.

Authorities cited