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MWAMLOLE TCHAPU MBWANA
V.
INDEPENDENT ELECTORAL AND BOUNDERIES COMMISSION & 7 ORS

(2018) JELR 98747 (CA)

Court of Appeal 17 May 2018 Kenya
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Case Details

Suit Number:Election Petition Appeal 4 of 2017
Judges:Alnashir Ramazanali Magan Visram Martha Karambu Koome Wanjiru Karanja
Location:Mombasa
Other Citations:Mwamlole Tchapu Mbwana v. Independent Electoral and Bounderies Commission (IEBC) & 7 others [2018] eKLR

RULING OF THE COURT

1. Substitution of parties by its very definition entails replacing/switching an existing party in the proceedings with another. Such substitution may be instigated by a number of reasons namely, where the proceedings are instituted in the name of a wrong person or a wrong person is joined in the proceedings or upon the death of a party. The paramount rationale for substitution of parties is to enable the court to reach an effectual and complete determination of the questions or issues arising in the proceedings. A court’s power to allow substitution, if any, is regulated by rules of procedure.

2. We are seized of an application which principally turns on one major issue, that is, whether an appellant who is intent on withdrawing an election petition appeal can be substituted by another person. In other words, can any other person stand in the place of an appellant who no longer wishes to prosecute an appeal? Certainly, the answer to that question lies with the const…

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