Gedi v Njau & 2 others; United States of America Embassy in Kenya & 3 others (Interested Parties) [2022] KECA 806 (KLR)

Gedi v Njau & 2 others; United States of America Embassy in Kenya & 3 others (Interested Parties) (Civil Application E264 of 2022) [2022] KECA 806 (KLR) (29 July 2022) (Ruling)

Neutral citation: [2022] KECA 806 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil Application E264 of 2022

M Ngugi, LK Kimaru & JM Mativo, JJA

July 29, 2022

Between

Mohammed Suby Gedi

Applicant

and

Nicholas Waititu Njau

1st Respondent

Independent Electoral and Boundaries Commission

2nd Respondent

Attorney General

3rd Respondent

and

United States of America Embassy in Kenya

Interested Party

Principal Secretary State Department of Immigration

Interested Party

Director of Criminal Investigation

Interested Party

Ethic and Anticorruption Commission

Interested Party

(Being an application for stay of execution of the judgment of the High Court of Kenya at Garissa, (Ali-Aroni J.) dated 21st July, 2022 pending the hearing and determination of the intended appeal in Constitutional Petition No. 10B of 2022 Constitutional Petition 10B of 2022 )

Ruling

1. We have considered the application brought under Rule 5(2) (b) of the Rules of this Court and the submissions in support by learned Counsel for the appellant, Mr. Githinji Mwangi; the submissions in support by learned Counsel, Mr. Mohad Somane appearing with Mr. Hassan Nur for the 2nd respondent; and submissions in opposition by Ms. Majune, learned Counsel for the 1st respondent. Counsel for the 3rd respondent, Mr. Weche, intimated to the court that the 3rd respondent wished to take a neutral position on the matter.

2. Having considered the rival submissions by the parties, it is our decision that the applicant has satisfied the Court that he has an arguable appeal, and that the appeal will be rendered nugatory if the orders sought are not granted. We accordingly allow the application dated 27th July, 2022 in terms of prayer 3 of the said application. The costs thereof shall be in the appeal.

3. The reasons for this decision shall be given on 5th August, 2022.

DATED AND DELIVERED AT NAIROBI THIS 29TH DAY OF JULY, 2022MUMBI NGUGI.....................................JUDGE OF APPEALLUKA KIMARU.....................................JUDGE OF APPEALJ. M. MATIVO.....................................JUDGE OF APPEALI certify that this is a true copy of the originalDEPUTY REGISTRAR