Abdullahi Issack Mohamed v Abdullahi Issack Mohamed, Independent Electoral and Boundaries Commission & Returning Officer, Eldas Constituency [2017] KEMC 52 (KLR)
- Citation
- [2017] KEMC 52 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- Magistrate's Court
- Posture
- Election Petition / Withdrawal Application Ruling
- Case number
- Election Petition 2 of 2017
- Language
- English
More details
- Court
- Magistrate's Court
- Posture
- Election Petition / Withdrawal Application Ruling
- Case number
- Election Petition 2 of 2017
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the petitioner had complied with all procedural requirements for withdrawal of the election petition, as evidenced by the application and supporting affidavits. The application was unopposed by any of the respondents. Given that the withdrawal occurred before the matter proceeded to hearing, and in the absence of opposition, the court exercised its discretion to allow the withdrawal and ordered that each party bear their own costs.
Court disposition
Petition withdrawn by leave of court; each party to bear own costs.
Orders
- The application for withdrawal of the petition is allowed.
- The petition is marked as withdrawn.
- Each party shall bear their own costs.
02
Material facts
Parties
Abdullahi Issack Mohamed
Petitioner Counsel: Mr. MwitiAbdullahi Issack Mohamed
RespondentThe Independent Electoral and Boundaries Commission
RespondentReturning Officer, Eldas Constituency
Respondent03
Procedural history
Posture
Election Petition / Withdrawal Application Ruling
04
Questions and positions
Legal issues
- 01
Whether the petitioner has complied with the rules regarding withdrawal of election petitions.
- 02
Whether the application for withdrawal is opposed or unopposed.
- 03
Who should bear the costs upon withdrawal before hearing.
Party arguments
- Applicant
- The petitioner, through counsel, argued that all procedural requirements for withdrawal of the election petition had been met and supported the application with affidavits. The application was presented as unopposed.
- Respondent
- There was no opposition to the application for withdrawal. The 1st respondent was present but did not oppose. The 2nd and 3rd respondents did not appear.
05
Court’s reasoning
Legal principles
- 01
Elections (Parliamentary and County Elections) Petition Rules, 2017
Compliance with procedural rules is mandatory for withdrawal of an election petition.
- 02
Court's discretion; general principles on costs in election petitions
Where a petition is withdrawn before hearing and the application is unopposed, each party may be ordered to bear their own costs.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the petitioner had complied with all procedural requirements for withdrawal of the election petition, as evidenced by the application and supporting affidavits. The application was unopposed by any of the respondents. Given that the withdrawal occurred before the matter proceeded to hearing, and in the absence of opposition, the court exercised its discretion to allow the withdrawal and ordered that each party bear their own costs.
Court disposition
Petition withdrawn by leave of court; each party to bear own costs.
- The application for withdrawal of the petition is allowed.
- The petition is marked as withdrawn.
- Each party shall bear their own costs.
Source and reliance status
Magistrate's Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Magistrate's Court
Judgment
REPUBLIC OF KENYA
IN THE SENIOR RESIDENT MAGISTRATE’S COURT AT WAJIR
ELECTION PETITION NO.2 OF 2017
ABDULLAHI ISSACK MOHAMED.................................................PETITIONER
VS
ABDULLAHI ISSACK MOHAMED........................................1ST RESPONDENT
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION...............................................2ND RESPONDENT
RETURNING OFFICER,ELDAS CONSTITUENCY...............3RD RESPONDENT
Ruling
Having heard the petitioners counsel and having gone through the application dated 12/10/2017 and the attached supporting affidavits of the Petitioner and further having confirmed that the petitioner has complied with the rules regarding the withdrawal of election petitions and also taking into account that the said application is unopposed, I hereby allow the said application for withdrawal of this petition. The same is therefore marked as withdrawn. Since the withdrawal has been done before the matter proceeded to hearing. I further order that each party bears their own cost.
Rulingdated signed and delivered in open court on this 1stday of December2017 in the presence of;
Mr. Mwiti for the petitioner
1st respondent present
No appearance for the 2nd and 3rd respondents
Halima/Noor:- Court assistants
________
A.K.MOKOROSS
SENIOR RESIDENT MAGISTRATE
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