REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MIGORI ELECTION PETITION APPEAL NO. 6 OF 2018 ODHIAMBO BEATRICE ADHIAMBO…………………………….……… APPELLANT -VSMICHEAL ONDONG AGUNDA …….………………….………… 1ST RESPONDENT JOASH MWAURA OJUNE ……………………………...……….. 2ND RESPONDENT WILLIAM ODOVO CHACHA ……………………………….…… 3RD RESPONDENT IEBC ………………………………………………………………… 4TH RESPONDENT RULING In the application dated 13th May 2022 and which ruling was delivered on 12th October 2023 the Judge found that a party was at liberty to levy execution against any one of the Defendanrts or against each one of them. That consequently the party against whom execution is levied is entitled to reimbursement from the co-Defendants. It was held that the assertion by the Applicant therein that he was not the only one liable was not supported in law since the judgment was entered jointly and severally. The application was therefore dismissed. Subsequently the Applicant filed application dated 9 th June 2025 in person and again complained that the costs of the Petition was to be
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shared among three Respondents and yet he is the only one against whom execution was being levied. He aso prayed that the court reviews certificate of costs as his Advocate Mr. Muniko did not update him and he only learnt of the taxed costs at the time of execution. Subsequently the Respondent did not return to court and Mr. Bosire Advocate informed the court that the 1st Respondent had even acknowledged the judgment of the court and taxation and he was ready to pay by instalments. Mr. Bosire submitted that the application herein was an exercise in futility and should be dismissed. In consideration that the judgment against the Applicant was entered jointly and severally this court like in the ruling dated 12 th October 2023 finds that the application is misdirected and is res judicata since a similar application was already made and ruling delivered explaining the determination of the court in regard to costs in the judgment. The application is dismissed. Each party to bear their own costs of the application. It is so ordered. DATED, SIGNED AND DELIVERED AT MIGORI THIS 12 th DAY OF JUNE, 2026. HON. ANNE C. A. A. ONG’INJO JUDGE In The Presence of Victor – Court Assistant
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Calvince – Court Assistant Applicant – Respondent -
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