Orange Democratic Movement & another v Dhonji & 4 others; Namunyu & another (Interested Parties) [2022] KECA 801 (KLR)

Orange Democratic Movement & another v Dhonji & 4 others; Namunyu & another (Interested Parties) (Civil Appeal E459 & E473 of 2022 & Civil Application E257 of 2022 (Consolidated)) [2022] KECA 801 (KLR) (29 July 2022) (Judgment)

Neutral citation: [2022] KECA 801 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil Appeal E459 & E473 of 2022 & Civil Application E257 of 2022 (Consolidated)

DK Musinga, F Sichale & S ole Kantai, JJA

July 29, 2022

Between

Orange Democratic Movement

Appellant

and

Joseph Ouma Dhonji

1st Respondent

Shadrack Machanje Namunyu

2nd Respondent

Independent Electoral and Boundaries Commission

3rd Respondent

Catherine Mumma

4th Respondent

As consolidated with

Civil Appeal E473 of 2022

Between

Catherine Mumma

Appellant

and

Joseph Ouma Dhonji

Respondent

and

Shadrack Machanje Namunyu

Interested Party

Orange Democratic Party

Interested Party

As consolidated with

Civil Application E257 of 2022

Between

Orange Democratic Movement

Appellant

and

Joseph Ouma Dhonji

1st Respondent

Shadrack Machanje Namunyu

2nd Respondent

Independent Electoral and Boundaries Commission

3rd Respondent

Catherine Mumma

4th Respondent

(Being an appeal from the Ruling of the High Court of Kenya at Nairobi (Sergon, J.) delivered on 18th July 2022 in H.C. Civil Appeal No. E413 of 2022 Civil (Election) Appeal E413, E414, E430 & E433 of 2022 (Consolidated) )

Judgment

1. Upon considering the records of appeal in the above consolidated matters and the written and oral submissions by counsel for the various parties, we hereby allow the appeals and set aside the ruling and orders of Sergon, J. in Civil (Election) Appeal No. E413 of 2022 given on 18th July 2022. We substitute therefor an order reinstating the judgment by the learned judge of 1st July 2022 in Civil (Election) Appeal No. E413 of 2022.

2. We order that each party bears its own costs.

3. The reasons for this judgment shall be delivered on 23rd September 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 originalSignedDEPUTY REGISTRAR