Independent Electoral and Boundaries Commission (IEBC) v Ndii [2021] KECA 33 (KLR)

Independent Electoral and Boundaries Commission (IEBC) v Ndii (Civil Application E291 of 2021) [2021] KECA 33 (KLR) (Constitutional and Human Rights) (23 September 2021) (Ruling)

Neutral citation number: [2021] KECA 33 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil Application No. E291 of 2021

DK Musinga, JA

September 23, 2021

Between

Independent Electoral and Boundaries Commission (IEBC)

Appellant

and

David Ndii

Respondent

(Being an appeal from the judgment and Decree of the High Court of Kenya at Nairobi (Prof. M. Ngugi, G. V. Odunga, Ngaah Jairus, E.C. Mwita & Mumbua T. Matheka, JJ.) delivered on 13th May, 2021 in Constitutional Petition No. E282 of 2020 As Consolidated with Constitutional Petition Nos. 397 of 2020, E400 of 2020, E401 of 2020, E402 of 2020, E416 of 2020, E426 of 2020 & E2 of 2021)

Ruling

1On 20th August 2021, this Court delivered its judgment in the above consolidated appeals. On 27th August 2021, the 76th respondent in accordance with rule 34 of this Court’s Rules forwarded to all the other parties a draft order extracted from the judgment for their approval. None of the parties responded to the request by the 76th respondent. Consequently, the said respondent moved this Court under rules 33 and 34 to settle the terms of the Draft Order.

2Having perused the order and ascertained that it is drawn in accordance with the judgment of the Court, I hereby approve the order as drawn.

Dated and delivered at Nairobi this 23rd day of September, 2021. D. K. MUSINGA, (P)………………………JUDGE OF APPEALI certify that this is atrue copy of the original.SignedDEPUTY REGISTRAR