Orange Democratic Movement Party & another v Opiyo & 2 others [2022] KECA 948 (KLR)

Orange Democratic Movement Party & another v Opiyo & 2 others (Election Petition Appeal (Application) E186 of 2022) [2022] KECA 948 (KLR) (3 August 2022) (Ruling)

Neutral citation: [2022] KECA 948 (KLR)

Republic of Kenya

In the Court of Appeal at Kisumu

Election Petition Appeal (Application) E186 of 2022

MSA Makhandia, HA Omondi & F Tuiyott, JJA

August 3, 2022

Between

Orange Democratic Movement Party

1st Appellant

National Elections Board ODM – Party

2nd Appellant

and

Geoffrey Otieno Opiyo

1st Respondent

Zakayo Ongono Okuma

2nd Respondent

Independent Electoral and Boundaries Commission

3rd Respondent

(Being an application for extension of time to file a notice of appeal out of time from the judgment of the High Court of Kenya at Kisumu, (Kamau, J.) delivered on 27th May, 2022 in HCCA NO. E034 OF 2022 Civil Appeal E034 of 2022 )

Ruling

1. Having considered the Notice of Motion dated 15th July, 2022 and arguments of counsel made in support and in opposition of the said application, and further having considered authorities cited to us, we reach a conclusion that the said Motion is devoid of merit. It is hereby dismissed.

2. This decision is rendered pursuant to Rule 34 (7) of the Court of Appeal Rules, 2022, the reasons wherefor shall be given on 12th August, 2022.

DATED AND DELIVERED AT KISUMU THIS 3RD DAY OF AUGUST, 2022. ASIKE-MAKHANDIA........................JUDGE OF APPEALH. A. OMONDI.........................JUDGE OF APPEALF. TUIYOTT...........................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR