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Rozaah Akinyi Buyu v. Independent Electoral and Boundaries Commission, Hanson Njuki Mugo & John Olago Aluoch

(2018) JELR 94921 (CA)

Court of Appeal  •  Civil Appeal (Application) 40 of 2013  •  18 Oct 2018  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] This is a Reference to full Court of the Ruling of Murgor, JA. dated 12th February, 2016 allowing an application by Rozaah Akinyi Buyu referred to hereinafter as Judgment debtor for extension of time in which to file a reference on taxation of bill of costs.

The Reference is made under Rule 55 (1) of the Court of Appeal Rules (Rules) which allows any person dissatisfied with the decision of a single judge to apply to have the application determined by the Court.

[2] By a Ruling dated 10th September, 2015, the Deputy Registrar of this Court (Hon. H. Adika), taxed and allowed the party and party bill of costs lodged by the Independent Electoral and Boundaries Commission (IEBC) and Hanson Njuki Mugo. The two will henceforth be referred as Decree holders against the judgment debtor at Shs. 2, 663, 115/=. A certificate of costs to that effect was subsequently issued on 30th October, 2015.

On 17th September, 2015, the decree holders filed a Reference under Rule 112 in es…

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