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Court of AppealDismissedElection Petition Appeal (Application) E186 of 2022· [2022] KECA 948 (KLR)

Orange Democratic Movement Party & another v Opiyo & 2 others

Court of Appeal
3 August 2022
ASAsike-MakhandiaHOH. A. OmondiFTF. Tuiyott
262 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal refused ODM's request for extra time to appeal an election-related High Court decision, ending that appeal route.

What this practically means

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Executive summary

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This is a short interlocutory ruling of the Court of Appeal at Kisumu delivered on 3rd August 2022 by a bench of Asike-Makhandia, H. A. Omondi and F. Tuiyott, JJA. The applicants, Orange Democratic Movement Party and the National Elections Board ODM – Party, sought an extension of time to file a notice of appeal out of time from the judgment of the High Court of Kenya at Kisumu (Kamau, J.) delivered on 27th May 2022 in HCCA No. E034 of 2022, in an election petition appeal context. The respondents were Geoffrey Otieno Opiyo, Zakayo Ongono Okuma and the Independent Electoral and Boundaries Commission. Having considered the Notice of Motion dated 15th July 2022, counsel's arguments in support and in opposition, and the authorities cited, the court concluded that the Motion was devoid of merit and dismissed it. The court rendered its decision pursuant to Rule 34(7) of the Court of Appeal Rules, 2022, and stated that the reasons for the dismissal would be given on 12th August 2022. The extracted copy contains no costs order, no named authorities, and no separate opinions; the bench was unanimous. The substantive reasoning underlying the dismissal is therefore not in this document, and the detailed judgment of 12th August 2022 should be consulted for the court's full analysis of the extension-of-time criteria.

Key legal issues

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01

Extension of time to file a notice of appeal out of time

Holding

The application was dismissed as devoid of merit; detailed reasons were deferred to a later date under Rule 34(7).

Reasoning

The court considered the Notice of Motion dated 15th July, 2022, the arguments of counsel in support and in opposition, and the authorities cited, and concluded the Motion lacked merit. It rendered a short decision under Rule 34(7) of the Court of Appeal Rules, 2022, with reasons to be delivered on 12th August, 2022.

p. 1

Legal principles established

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  • An application for extension of time to file a notice of appeal out of time may be dismissed where the court concludes it is devoid of merit, with reasons to follow under Rule 34(7) of the Court of Appeal Rules, 2022.

Court orders

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  1. 1.The Notice of Motion dated 15th July, 2022 seeking extension of time to file a notice of appeal out of time is dismissed
  2. 2.Reasons for the decision to be given on 12th August, 2022

Authorities

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Legislation

  • Court of Appeal Rules, 2022Rule 34(7)
On appeal from
High Court of Kenya at Kisumu
HCCA NO. E034 OF 2022
Jurisdiction invoked
Rule 34(7) of the Court of Appeal Rules, 2022

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Orange Democratic Movement Party & another v Opiyo & 2 others", Case Analysis (2022). Election Petition Appeal (Application) E186 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/948/eng@2022-08-03

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