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DANIEL K MUNENE & ANOR V. ESAU KIONI & 7 ORS

(2022) JELR 114051 (CA)

Court of Appeal  •  Civil Appeal E350 of 2022  •  22 Jul 2022  •  Kenya

Coram
MSA Makhandia, JA AK Murgor, JA S ole Kantai, JA

Judgement

REASONS

  1. On 29th June 2022 we peremptorily dismissed the appeal and reserved the reasons for the decision to be given today owing to the strict timelines in dealing with appeals arising from decisions of the Political Parties Disputes Tribunal β€œPPDT” on appeal from the High Court. When we heard the appeal only a few days were left for determination of all such pending appeals in this Court, hence the drastic decision to issue a judgment without reasons. We now proceed to give reasons for our decision pursuant to Rule 34(7) of the Court of Appeal Rules.

  2. But first, the brief facts leading to this appeal are that the 1st and 2nd appellants are director of elections and member, respectively of the 7th respondent, a political party founded in 1991. The appellants together with one, Wambugu Nyamu, the assistant secretary general of the 7th respondent (not a party to this appeal) approached the PPDT with a complaint dated 11th April 2022 that,

    β€œOn 9th April 2022, the respondents herein, without …

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