[2022] KEHC 14224 (KLR)
The court recognized that certain procedural issues were not in dispute, including the need for respondents to regularize pleadings filed out of time, the need for service and responses to the petitioner's application for scrutiny and recount, and the resolution of legal representation for the 3rd and 4th...
Source-derived case information.
- Citation
- [2022] KEHC 14224 (KLR)
- Parties
- Applicant: Sakwa John Bunyasi; Respondent: Lazarus Chebii; Respondent: Independent Electoral and Boundaries Commission; Respondent: Otuoma Paul Nyongesa; Respondent: Arthur Odera Papa
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Election Petition E002 of 2022
- Procedural Posture
- Election Petition / Pre Trial Conference and Directions
- Outcome
- Directions issued for regularization of pleadings, service and responses to applications, resolution of legal representation, and scheduling of main hearing.
- Judges
- DK Kemei
- Legal Topics
- Pre Trial Directions, Pleadings Regularization, Scrutiny and Recount, Legal Representation, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sakwa John Bunyasi
Applicant
Lazarus Chebii
Respondent
Independent Electoral and Boundaries Commission
Respondent
Otuoma Paul Nyongesa
Respondent
Arthur Odera Papa
Respondent
Procedural Posture
Election Petition / Pre Trial Conference and Directions
Legal Issues
- 1 Whether the respondents should be granted leave to regularize pleadings filed out of time.
- 2 Whether the petitioner and respondents should be granted timelines for filing and serving applications and responses.
- 3 Whether the issue of legal representation for the 3rd and 4th respondents should be resolved before the next mention date.
Ratio Decidendi
The court recognized that certain procedural issues were not in dispute, including the need for respondents to regularize pleadings filed out of time, the need for service and responses to the petitioner's application for scrutiny and recount, and the resolution of legal representation for the 3rd and 4th respondents. The court exercised its discretion to issue directions to ensure compliance with procedural requirements, set clear timelines for filing and serving applications and responses, and directed that the main hearing proceed physically. The court's directions were aimed at facilitating the just, expeditious, and efficient determination of the election petition in accordance with...
Court Disposition
Directions issued for regularization of pleadings, service and responses to applications, resolution of legal representation, and scheduling of main hearing.
Orders
- 3rd and 4th respondents to resolve legal representation before next mention date.
- Respondents to file and serve formal application for leave to regularize pleadings filed out of time by close of business 7th October 2022.
Full Case Text
Judgment text and source record
24 paragraphs
Bunyasi v Chebii & 3 others (Election Petition E002 of 2022) [2022] KEHC 14224 (KLR) (7 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14224 (KLR)
Republic of Kenya
In the High Court at Busia
Election Petition E002 of 2022
DK Kemei, J
October 7, 2022
Between
Sakwa John Bunyasi
Petitioner
and
Lazarus Chebii
1st Respondent
Independent Electoral and Boundaries Commission
2nd Respondent
Otuoma Paul Nyongesa
3rd Respondent
Arthur Odera Papa
4th Respondent
(Pre-Trial Conference (Pursuant to the Elections Act and Rules 4, 5, 15, 17, 36 of the Election Petition Rules, 2017)
Ruling
1. I have heard the oral submissions by the learned counsels for each respective party herein. It is not in dispute that in addition to the Petition before this Honourable Court, the petitioner has since filed an application dated 5th October 2022 for the scrutiny and recount and which application is yet to be served upon the Respondents. It is also not in contention that some of the Respondents pleadings might have been filed out of time. It is also not in dispute that the Respondents are yet to file responses to the Petitioner’s application for scrutiny and recount. It is also not in contention that the Respondents are yet to move the Court formally seeking leave to regularize the pleadings filed out of time. It is also not in dispute that the 3rd and 4th Respondents are yet to regularize the issue of legal representation by their learned counsels. It is also not in dispute that the parties are yet to settle on the agreed issues. Finally, it is not in dispute that the parties are desirous of proceeding with the main petition physically.
2. The above issues not being in dispute, I proceed to issue the following directions: -i.As regards the issue of the legal representation of counsels for the 3rd and 4th Respondents, the said 3rd and 4th Respondents are directed to resolve the same before the next mention date.ii.The Respondents to file and serve a formal application seeking leave of this Honourable Court to regularize their pleadings filed out of time which should be done by close of business today the 7th of October 2022. iii.The Petitioner to file and serve a response to the Respondents aforesaid application by the close of business 11th October 2022. iv.The aforesaid Respondents application shall be canvassed by way of written submissions, starting with the Respondents filing and serving the same by close of business on 12th October 2022 and that the Petitioner shall file his submissions by close of business on 13th October 2022. v.The Petitioner to serve the application dated 5th October 2022 upon the Respondents by the close of business today the 7th October 2022. vi.The Respondents to file and serve their responses to the Petitioners application by close of business on 11th October 2022. vii.The Petitioner’s application dated 5th October 2022 shall be canvassed by way of written submissions with the Petitioner filing the submissions alongside further affidavit, if need be, by close of business on the 12th October 2022. The Respondents will file and serve their submissions by close of business 13th October 2022. viii.Each party upon being served with the pleadings shall come up with their proposed agreed issues for harmonization by the Court during the next mention date.ix.The main hearing of the Petition shall be canvassed through physical hearing at the election Court namely, Busia High Court.x.Matter is scheduled for mention (virtually) on the 14th of October at 9. 00 am at Busia High Court for further directions and orders.
DATED AND SIGNED AT BUNGOMA THIS 7TH DAY OF OCTOBER 2022D. KEMEIJUDGEIn the presence of:Katwa & Rauto for PetitionersOwuor & Mogire & Nganga 1st and 2nd RespondentWesley Gichaba & Kinyua for 3rd RespondentMakokha J P. for 4th RespondentKizito Court Assistant