Juma v Jubilee Party of Kenya & 2 others [2022] KECA 798 (KLR)

Juma v Jubilee Party of Kenya & 2 others (Civil Appeal E180 of 2022) [2022] KECA 798 (KLR) (29 July 2022) (Judgment)

Neutral citation: [2022] KECA 798 (KLR)

Republic of Kenya

In the Court of Appeal at Kisumu

Civil Appeal E180 of 2022

M Ngugi, LK Kimaru & JM Mativo, JJA

July 29, 2022

Between

Fredrick Wafula Juma

Appellant

and

Jubilee Party of Kenya

1st Respondent

Independent Electoral and Boundaries Commission

2nd Respondent

Nobert Omanyo Wabwire

3rd Respondent

(Being an appeal from the ruling of the High Court of Kenya at Busia, (Karanjah, J) dated 23rd June, 2022 in High Court Petition No. 2A of 2022 Election Petition 2 'A' of 2022 )

Judgment

1. We have considered the memorandum of appeal filed by the appellant as well as the written submissions of the parties.

2. We have also heard the oral highlights by Mr. Shabaan for the appellant, Ms. Wanjiku for the 1st respondent, Ms. Ogola for the 2nd respondent, and Mr Makokha for the 3rd respondent.

3. Having considered these submissions and the authorities cited, our decision on the appeal is that it is entirely without merit and is hereby dismissed with costs to the respondents. The reasons for the decision shall be given on 5th August, 2022.

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