Elections Act

85A. Appeals to the Court of Appeal

Edition: 2022-12-31 · In force

85A. Appeals to the Court of Appeal

(1)An appeal from the High Court in an election petition concerning membership of the National Assembly, Senate or the office of county governor shall lie to the Court of Appeal on matters of law only shall be—

(a)filed within thirty days of the decision of the High Court; and

(b)heard and determined within six months of the filing of the appeal.

(2)An appeal under subsection (1) shall act as a stay of the certificate of the election court certifying the results of an election until the appeal is heard and determined.[Act No. 47 of 2012, Sch., Act No. 36 of 2016, s. 20.]

Case law referring to this provision

Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Aukot & another (Interested Parties); Attorney General & another (Amicus Curiae) (Presidential Election Petition 1 of 2017) [2017] KESC 42 (KLR) (Election Petitions) (20 September 2017) (Judgment) (with dissent - JB Ojwang & N Ndungu, SCJJ)
Outa & another v Okello & 5 others (Petition 10 of 2014) [2014] KESC 20 (KLR) (3 July 2014) (Judgment)

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Source: Kenya Law