Jimale v Salat & 2 others [2022] KECA 955 (KLR)

Jimale v Salat & 2 others (Civil Appeal E470 of 2022) [2022] KECA 955 (KLR) (29 July 2022) (Judgment)

Neutral citation: [2022] KECA 955 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil Appeal E470 of 2022

DK Musinga, F Sichale & S ole Kantai, JJA

July 29, 2022

Between

Siyad Hussein Jimale

Appellant

and

Omar Haji Salat

1st Respondent

United Democratic Alliance National Election Board

2nd Respondent

Independent Electoral and Boundaries Commission

3rd Respondent

(An appeal against the judgment & decree of the High Court of Kenya at Nairobi (Sergon, J.) dated 19th July, 2022 in HCCA No. E499 of 2022)

Judgment

1. Upon considering the record of appeal, the oral submissions made by learned counsel, Mr Onderi for the appellant, Ms. Theuri for the 1st respondent, Ms. Rotich holding brief for Mr. Kibet for the 2nd respondent and Mr. Kamiru for the 3rd respondent,and

2. Upon considering the written submissions thereof, the authorities cited and the law, the appeal is allowed and the judgment of the High Count (Hon. Sergon, J.) dated July 19, 2022 is hereby set aside and the judgment of the Political Parties Disputes Tribunal (PPDT) is affirmed. We make no order as to costs.

THE REASONS FOR OUR DECISION SHALL BE GIVEN ON 21ST OCTOBER, 2022. DATED AND DELIVERED AT NAIROBI THIS 29TH DAY OF JULY, 2022. D.K. MUSINGA(P)...................................JUDGE OF APPEALF. SICHALE...................................JUDGE OF APPEALS. ole KANTAI...................................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR