Joyce Wamalwa Returning Officer Webuye East Constituency & another v Moses Wanjala Lukoye & 2 others [2015] KECA 609 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed that filing a notice of appeal means nothing if you don't file the actual appeal within 60 days — the notice is treated as abandoned.
What this practically means
#Executive summary
#Key legal issues
#Withdrawal of notice of appeal for failure to file the record of appeal within the appointed time
Having failed to file the record of appeal within the stipulated period, the respondent was deemed to have withdrawn his Notice of Appeal under Rule 83, and the notice was struck out.
The Notice of Appeal was filed in time and served on 18th October 2013, but the respondent took no further steps to obtain proceedings or file the record of appeal within 60 days, and no extension of time was sought. Rule 83 deems such a party to have withdrawn the notice, entitling the court to make the withdrawal order and award costs to those on whom the notice was served.
Legal principles established
#- A party who lodges a notice of appeal but fails to institute the appeal within the appointed time is deemed to have withdrawn the notice, and the court may so order on its own motion or on application; the party in default bears the costs.
Court orders
#- 1.The Notice of Appeal is deemed to have been withdrawn
- 2.The application succeeds
- 3.The Notice of Appeal dated 2nd October 2013 is struck out with costs to the applicants and the 2nd and 3rd respondents
- On appeal from
- High Court of Kenya
- HCCC No. 171 of 1998
- Jurisdiction invoked
- An application under Rule 83 of the Court of Appeal Rules to strike out a Notice of Appeal in an intended election appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Joyce Wamalwa Returning Officer Webuye East Constituency & another v Moses Wanjala Lukoye & 2 others [2015] KECA 609 (KLR)", Case Analysis (2015). Civil Application No. 27 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2015/609/eng@2015-06-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.