[2017] KEMC 52 (KLR)
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...
Source-derived case information.
- Citation
- [2017] KEMC 52 (KLR)
- Parties
- Petitioner: Abdullahi Issack Mohamed; Respondent: Abdullahi Issack Mohamed; Respondent: The Independent Electoral and Boundaries Commission; Respondent: Returning Officer, Eldas Constituency
- Court
- Magistrate's Court
- Court Station
- Election Petition in Magistrate Courts
- Jurisdiction
- Kenya
- Case Number
- Election Petition 2 of 2017
- Procedural Posture
- Election Petition / Withdrawal Application Ruling
- Outcome
- Petition withdrawn by leave of court; each party to bear own costs.
- Legal Topics
- Withdrawal of Election Petition, Costs in Election Petitions
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Abdullahi Issack Mohamed
Petitioner
Abdullahi Issack Mohamed
Respondent
The Independent Electoral and Boundaries Commission
Respondent
Returning Officer, Eldas Constituency
Respondent
Procedural Posture
Election Petition / Withdrawal Application Ruling
Legal Issues
- 1 Whether the petitioner has complied with the rules regarding withdrawal of election petitions.
- 2 Whether the application for withdrawal is opposed or unopposed.
- 3 Who should bear the costs upon withdrawal before hearing.
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Petition withdrawn by leave of court; each party to bear own costs.
Orders
- The application for withdrawal of the petition is allowed.
- The petition is marked as withdrawn.
Full Case Text
Judgment text and source record
19 paragraphs
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