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Court of AppealAllowedElection Petition Appeal E001 of 2022· [2022] KECA 920 (KLR)

Amani National Congress Party & 2 others v Shimenga & another

Court of Appeal
7 June 2022
PKP. O. KiageMNMumbi NgugiFTF. Tuiyott
405 words in judgment
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The bottom line

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Kenya's Court of Appeal confirmed that filing a notice of appeal does not stop a party from pursuing a review before the Political Parties Dispute Tribunal.

What this practically means

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Executive summary

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In a summary judgment rendered pursuant to Rule 32(5) of the Court of Appeal Rules (2010), with reasons to follow on 24th June 2022, the Court of Appeal (Kiage, Ngugi and Tuiyott, JJA) allowed an election petition appeal against the judgment of Musyoka, J. of the High Court at Kakamega dated 27th May 2022 in High Court Elections Appeal No. E001 of 2022. The single ground on which the appeal succeeded was that the learned Judge erred in law in holding that the notice of appeal filed in the High Court precluded the appellants from pursuing their application for review before the Political Parties Dispute Tribunal. The Court set aside the judgment and decree of the High Court allowing the 1st respondent's appeal, substituting an order that the said appeal be dismissed. In consequence, the appellants' review application dated 28th April 2022 was remitted to the Political Parties Dispute Tribunal for expedited hearing and disposal. Each party was ordered to bear its own costs of the appeal. The judgment is a single decision of the whole court with no separate opinions or dissents, and no authorities are named in it. Because reasons were deferred, the full reasoning behind the holding is not contained in this document.

Key legal issues

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01

Whether a notice of appeal in the High Court bars a pending review application before the Political Parties Dispute Tribunal

Holding

It does not; the High Court Judge erred in so holding, and the appeal was allowed on that ground.

Reasoning

The court, in a Rule 32(5) summary judgment, held that the filing of a notice of appeal in the High Court did not preclude the appellants from pursuing their review application before the Political Parties Dispute Tribunal. The High Court judgment allowing the 1st respondent's appeal was set aside and that appeal substituted with an order of dismissal, with the review application remitted to the Tribunal for expedited hearing and disposal.

p. 1

Legal principles established

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  • A notice of appeal filed in the High Court does not preclude a party from pursuing an application for review before the Political Parties Dispute Tribunal.

Court orders

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  1. 1.The judgment and decree of the High Court allowing the 1st respondent's appeal be and is hereby set aside, substituting therefor an order that the said appeal be dismissed
  2. 2.The appellants' review application dated 28th April, 2022 shall forthwith be remitted to the Political Parties Dispute Tribunal for expedited hearing and disposal
  3. 3.Each party shall bear its own costs of this appeal

Authorities

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Legislation

  • Court of Appeal RulesRule 32(5)
On appeal from
High Court of Kenya at Kakamega
High Court Elections Appeal No. E001 of 2022
Jurisdiction invoked
Rule 32(5) of the Court of Appeal Rules (2010)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Amani National Congress Party & 2 others v Shimenga & another", Case Analysis (2022). Election Petition Appeal E001 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/920/eng@2022-06-07

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.