Customer Support

HARRIET KERUBO ONGERA
V.
ROSE MOTURI MWENE & 3 ORS

(2019) JELR 97822 (CA)

Court of Appeal 14 Feb 2019 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Election Petition Appeal (Application) 43 of 2018
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Location:Kisumu
Other Citations:Harriet Kerubo Ongera v. Rose Moturi Mwene & 3 others [2019] eKLR

RULING OF THE COURT

[1] This Ruling relates to an application dated 15th September, 2018, made by Harriet Kerubo Ongera (applicant), the 3rd respondent in the Court of Appeal Kisumu Election Petition Appeal No. 43 of 2018.

The applicant seeks an order that the Election Petition Appeal No. 43 of 2018 be struck out on various grounds including the ground that no appeal lies to this Court from the judgment of the High Court dated 10th, August, 2018.

[2] The application is brought under various provisions of the Court of Appeal (Election Petition) Rules, 2017, including Rule 19; sections 75 A and 85 A of the Elections Act and other provisions of the law.

The application is supported by the affidavit of Joseph Oguttu Mboya, learned counsel for the applicant.

The applicant has filed written submissions and list of authorities in support of the application. In addition, the applicant’s counsel made oral submissions in support of the application.

[3] The application is supported by the Independent …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.