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Court of AppealDismissedCivil Appeal No. 150 of 2017· [2017] KECA 495 (KLR)
Phylip O. Mwabe v Orange Democratic Movement & another [2017] KECA 495 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#The Court of Appeal dismissed an election dispute appeal in full, leaving the High Court's decision — and the election outcome it upheld — standing.
What this practically means
#Executive summary
#The Court of Appeal at Nairobi (Nambuye, Ouko and Gatembu Kairu, JJA) dismissed Civil Appeal No. 150 of 2017 in its entirety. The appeal challenged the judgment and order of the High Court of Kenya at Nairobi (Onyiego, J) dated 25th May 2017 in Election Petition No. 19 of 2017, brought by Phylip O. Mwabe against the Orange Democratic Movement and Joseph Obiero Ndiege. The appeal was argued before the bench on 14th June 2017. In a single judgment of the court, the judges recorded that they had considered the record in totality, the rival submissions of learned counsel for the respective parties, and the authorities relied upon by each side. On that basis the court made its orders: the appeal was dismissed in its entirety and each party was ordered to bear its own costs. The judgment as reproduced contains no separately framed issues, no discussion of authorities by name, no separate or dissenting opinions, and no statutory or case citations; the disposition alone is quotable. By dismissing the appeal, the Court of Appeal left the High Court's judgment and order undisturbed. The copy reproduced is certified as a true copy by the Deputy Registrar and is dated 16th June 2017, though it refers to reasons to be given on 21st July 2017.
Key legal issues
#Legal principles established
#- Where an appellate court on an election appeal considers the record in totality together with rival submissions and the authorities relied upon, and finds no reason to disturb the judgment below, the appeal will be dismissed in its entirety and, by order here, each party bears its own costs.
Court orders
#- 1.The appeal is dismissed in its entirety
- 2.Each party to bear own costs
- On appeal from
- High Court of Kenya at Nairobi
- Election Petition No. 19 of 2017
- Jurisdiction invoked
- First appeal / appeal from the High Court under the election dispute resolution framework (statutory basis not stated in the judgment as reproduced)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Phylip O. Mwabe v Orange Democratic Movement & another [2017] KECA 495 (KLR)", Case Analysis (2017). Civil Appeal No. 150 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2017/495/eng@2017-06-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.