Omole v Wachira; Communist Party of Kenya (CPK) & another (Interested Parties) [2022] KECA 799 (KLR)

Omole v Wachira; Communist Party of Kenya (CPK) & another (Interested Party) (Civil Application E247 of 2022) [2022] KECA 799 (KLR) (29 July 2022) (Ruling)

Neutral citation: [2022] KECA 799 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil Application E247 of 2022

DK Musinga, F Sichale & S ole Kantai, JJA

July 29, 2022

Between

Booker Ngesa Omole

Applicant

and

Benedict Wachira

Respondent

and

Communist Party of Kenya (CPK)

Interested Party

Independent Electoral & Boundaries Commission

Interested Party

(Being an application for extension of time to file Notice of Appeal from the Judgment of the High Court of Kenya at Nairobi (Mulwa, J.) dated 7th June, 2022 in H.C.C.A. No. E298 of 2022)

Ruling

1. Upon considering the letter by Messrs Okongo, Wandago & Company Advocates dated July 25, 2022 requesting for variation of the dismissal orders made by K. M’Inoti, J.A. on July 25, 2022 on the Motion dated July 13, 2022 which sought extension of time to appeal the High Court Judgment, we decline to vary the said orders and award costs of the Reference to the respondent and the interested parties. The reasons thereof shall be given on September 23, 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