Orange Democratic Movement Party & another v Opiyo & 2 others

Orange Democratic Movement Party & another v Opiyo & 2 others (Election Petition Appeal (Application) E186 of 2022) [2022] KECA 948 (KLR) (3 August 2022) (Ruling) Neutral citation: [2022] KECA 948 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU ELECTION PETITION APPEAL (APPLICATION) E186 OF 2022 MS ASIKE-MAKHANDIA, HA OMONDI & F TUIYOTT, JJA AUGUST 3, 2022 BETWEEN ORANGE DEMOCRATIC MOVEMENT PARTY ......................... 1ST APPELLANT NATIONAL ELECTIONS BOARD ODM – PARTY .................... 2ND APPELLANT AND GEOFFREY OTIENO OPIYO ....................................................... 1ST RESPONDENT ZAKAYO ONGONO OKUMA .................................................... 2ND RESPONDENT INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION .... 3RD RESPONDENT (Being an application for 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) RULING 1. Having considered the Notice of Motion dated 15th July, 2022 and arguments of counsel made in support and in opposition of the said application, and further having considered authorities cited to us, we reach a conclusion that the said Motion is devoid of merit. It is hereby dismissed. 2. This decision is rendered pursuant to Rule 34 (7) of the Court of Appeal Rules, 2022, the reasons wherefor shall be given on 12th August, 2022. DATED AND DELIVERED AT KISUMU THIS 3RD DAY OF AUGUST, 2022. ASIKE-MAKHANDIA ........................ https://new.kenyalaw.org/akn/ke/judgment/keca/2022/948/eng@2022-08-03 1

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