[2022] KEHC 14848 (KLR)

Source-derived case information.

Citation: [2022] KEHC 14848 (KLR)
Parties: Applicant: Sakwa John Bunyasi; Respondent: Lazarus Chebii; Respondent: 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 Directions Ruling
Outcome: Pre-trial directions issued; hearing schedule and procedural orders set.
Judges: DK Kemei
Legal Topics: Pre Trial Directions, Election Materials Custody, Hearing Schedule, Witness Evidence Adoption
Source Language: en

Election Petitions Pre Trial Directions Election Materials Custody Hearing Schedule Witness Evidence Adoption

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Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2

Parties

Sakwa John Bunyasi

Applicant

Lazarus Chebii

Respondent

Boundaries Commission

Respondent

Otuoma Paul Nyongesa

Respondent

Arthur Odera Papa

Respondent

Procedural Posture

Election Petition / Pre Trial Directions Ruling

Legal Issues

1 What are the appropriate pre-trial directions for the management and hearing of the election petition.
2 How should the custody and re-sealing of gubernatorial election ballot boxes be handled pending the hearing.
3 What procedures should govern the adoption of witness statements and cross-examination in the petition.

Ratio Decidendi

The court exercised its discretion to issue comprehensive pre-trial directions to facilitate the fair and efficient hearing of the election petition. The directions included a detailed hearing schedule, allocation of hearing days to each party, and specific procedures for the custody, reassembly, and re-sealing of gubernatorial election ballot boxes under the supervision of the Deputy Registrar. The court further directed that the 2nd respondent, as custodian of the election materials, bear the costs associated with the re-sealing exercise. Witnesses were to adopt their statements and affidavits as evidence in chief, with a brief period for preparation before cross-examination. The court...

Court Disposition

Pre-trial directions issued; hearing schedule and procedural orders set.

Orders

The hearing of the Petition dated September 7, 2022 shall proceed on the scheduled dates: December 5-9, December 13-16, and December 19-20, 2022.
Apportioned hearing dates: petitioner (Dec 5-9), 1st & 2nd respondents (Dec 13-15), 3rd respondent (Dec 16, 19), 4th respondent (Dec 20).

Full Case Text

Judgment text and source record

22 paragraphs

Bunyasi v Chebii & 3 others (Election Petition E002 of 2022) [2022] KEHC 14848 (KLR) (4 November 2022) (Ruling)

Neutral citation: [2022] KEHC 14848 (KLR)

Republic of Kenya

In the High Court at Busia

Election Petition E002 of 2022

DK Kemei, J

November 4, 2022

Between

Sakwa John Bunyasi

Petitioner

and

Lazarus Chebii

1st Respondent

Boundaries Commission

2nd Respondent

Otuoma Paul Nyongesa

3rd Respondent

Arthur Odera Papa

4th Respondent

Ruling

1. Taking into consideration the sentiments of the learned counsels for the respective parties to the Petition dated September 7, 2022 who appeared before this court on November 4, 2022 for the final pre-trial directions. I hereby proceed to issue the following directions:i.The hearing of the Petition dated September 7, 2022 shall now proceed on the scheduled dates namely:a.Frist hearing dates from December 5, 2022 to December 9, 2022;b.Second hearing dates from December 13, 2022 to December 16, 2022; andc.The last hearing dates from December 19, 2022 to 20 the December, 2022. ii.The apportioned hearing dates for parties shall be as follows:a.The petitioner’s hearing dates from December 5, 2022 to December 9, 2022 (5 days);b.The 1st and 2nd respondent’s hearing dates from December 13, 2022 to December 15, 2022 (3 days);c.The 3rd respondent’s hearing dates 16th, December, 2022 and December 19, 2022 (2 days); andd.The 4th respondent’s hearing date on December 20, 2022. iii.The 1st and 2nd respondents are hereby directed to avail to the relevant seals to the Deputy Registrar Busia High Court for purposes of re-sealing the gubernatorial election ballot boxes in respect of the concluded elections on conducted on 9th of August, 2022. iv.The 1st and 2nd respondents who are the custodians of the election materials in respect of the gubernatorial elections of Busia County conducted on 9th of August, 2022 are hereby directed to reassemble the gubernatorial election ballot boxes for purposes of re-sealing in the presence of the Deputy Registrar Busia High Court.v.The relevant costs incurred during the reassembling of the gubernatorial election ballot boxes for purposes of re-sealing shall borne by the 2nd respondent by virtue of the fact that it is the custodian of all electoral materials in respect of the gubernatorial election in dispute.vi.The Deputy Registrar Busia High Court is hereby directed to conduct the relevant re-sealing exercise of the gubernatorial election ballot boxes in respect of the elections conducted on 9th of August, 2022 in the presence of the relevant parties to the Petition or their respective representatives on a date to be issued or as directed by the Deputy Registrar.vii.That the Deputy Registrar shall compile a comprehensive report on the re-assembling and re-sealing exercise of the gubernatorial election ballot boxes in respect of the elections conducted on 9th of August, 2022. The same report shall be present before this Court on or before November 29, 2022. viii.It is hereby directed that the relevant witnesses to be relied upon by the parties to the Petition shall adopt their witness statements and affidavits as their evidence in chief before they are cross-examined thereof. However, the parties are hereby allowed to have a brief period of a maximum of 10 minutes before the said witnesses are handed over for cross-examination.ix.The parties are hereby directed to reach a consensus on the agreed issues which shall be presented before this court on or before November 29, 2022x.It is hereby directed that during the hearing of this Election Petition, all the respective learned counsels shall be expected to be robbed and that all the parties shall observe time and court etiquette.xi.This Petition shall be mentioned on November 29, 2022 virtually for purposes of confirming compliance of the court directions and further orders, if any.

DATED AT BUSIA THIS 4TH DAY OF NOVEMBER, 2022D. K. KEMEIJUDGEIn the presence of:Katwa Kigen & Miss Rauto-petitionerMr. Owuor-1st & 2nd respondentGichaba, Miss Nyawira & Bernard Wamalwa-3rd respondentBwire Miller & Makokha-4th respondentSikolia, Rachel & Brian-Court Assistants

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