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President Delivery Unit, Andrew Wakahiu, Nzioka Waita & Joseph Kinyua v. Katiba Institute

(2019) JELR 94318 (CA)

Court of Appeal  •  Civil Application 348 of 2018  •  24 May 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, James Otieno Odek

Judgement

RULING OF THE COURT

In an application under Rule 5(2)(b) of the Court of Appeal Rules, an applicant must demonstrate the existence of what has come to be known as the twin principles: that the appeal he has presented or intends to present raises arguable points and; that the appeal or the intended appeal would be nugatory if the interim orders were to be denied. In considering whether an appeal is arguable, it is sufficient if a single bonafide arguable ground of appeal is raised. An arguable appeal, as the phrase suggests, is not one which must necessarily succeed, but one which ought to be argued fully before the court; one which is not frivolous. Both principles must be satisfied in order to succeed. In the application of these principles, the Court exercises unfettered original and discretionary jurisdiction but bearing in mind that the Court must not make definitive or final findings of either fact or law. See: Stanley Kangethe Kinyanjui v. Tony Ketter and 5 others, Civil Applicat…

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