Political Parties Forum Coalition & 3 others v Registrar of Political Parties & 2 others [2014] KECA 313 (KLR)
The bottom line
#Kenya's Court of Appeal refused to freeze the Political Parties Fund during an appeal because money wrongly spent can be recovered later, so the appeal would not be pointless.
What this practically means
#Executive summary
#Key legal issues
#Whether an injunction should issue under Rule 5(2)(b) restraining disbursement of the Political Parties Fund pending appeal
The application fails on the nugatory limb: the applicants did not show that the appeal, if successful, would be rendered nugatory, since the Government could avail the funds or the qualifying parties could refund them.
The Court reiterated the well-established Rule 5(2)(b) principles: arguability and nugatory aspect must both be satisfied. It accepted that arguable points exist but found that any success on appeal could be remedied by future budgetary provision or refund of funds, so an injunction would unconscionably deprive qualified parties of the fruits of the High Court judgment.
Legal principles established
#- Under Rule 5(2)(b) the Court exercises an independent discretionary jurisdiction, not an appeal from the trial court; both arguability and the nugatory aspect must be satisfied, and no definitive determination of contested facts is permitted.
- Whether an appeal will be rendered nugatory depends on whether what is sought to be prevented is reversible, or, if not reversible, whether damages will reasonably compensate the aggrieved party.
Court orders
#- 1.The application under Rule 5(2)(b) for an injunction pending appeal is dismissed
- 2.Costs of the application to be in the appeal
- 3.The appeal to be listed for hearing on a priority basis
- On appeal from
- High Court of Kenya at Nairobi
- Constitutional Petition No. 436 of 2013
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules (injunction pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Political Parties Forum Coalition & 3 others v Registrar of Political Parties & 2 others [2014] KECA 313 (KLR)", Case Analysis (2014). Civil Appeal (Application) No. 80 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2014/313/eng@2014-10-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.