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Mwamlole Tchapu Mbwana v. Independent Electoral and Bounderies Commission (IEBC) Kwale County Returning Officer Amina Hussein Soud Constituency Returing Officer for Kinango (Charo Kalume Charo) Lungalunga (Saha Madzungu Isaiah) Msambweni (Yusuf Abubakar Mohammed), Matuga (Kassim Mwagomba Kaema) Presiding Officer and the Deputy Presiding Officer,Baraza Park, Matuga, Salim Mvurya Mgala, Suleman Mwamlole Warrakah, Mwarapayo A. Mohamed Wa-Mwachai & Matsudzo Hamisi Mwamrezi

(2018) JELR 98747 (CA)

Court of Appeal  •  Election Petition Appeal 4 of 2017  •  17 May 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

RULING OF THE COURT

1. Substitution of parties by its very definition entails replacing/switching an existing party in the proceedings with another. Such substitution may be instigated by a number of reasons namely, where the proceedings are instituted in the name of a wrong person or a wrong person is joined in the proceedings or upon the death of a party. The paramount rationale for substitution of parties is to enable the court to reach an effectual and complete determination of the questions or issues arising in the proceedings. A court’s power to allow substitution, if any, is regulated by rules of procedure.

2. We are seized of an application which principally turns on one major issue, that is, whether an appellant who is intent on withdrawing an election petition appeal can be substituted by another person. In other words, can any other person stand in the place of an appellant who no longer wishes to prosecute an appeal? Certainly, the answer to that question lies with the const…

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