[2017] KEMC 1 (KLR)
The court found that the amended petition was filed without leave and out of time, and that there was no evidence of service on respondents 14-18. The advocate for petitioners 4-12 could not purport to act for respondents 14-18 without proper notice. Consequently, the court allowed the application for withdrawal of...
Source-derived case information.
- Citation
- [2017] KEMC 1 (KLR)
- Parties
- Applicant: Esther Chelimo; Applicant: Veronica Kimoi Kimitei; Applicant: Maryline Jerono Koima; Respondent: The Independent Electoral and Boundaries Commission; Respondent: Jubilee Party; Respondent: Charles Bowen; Respondent: Purity Tallam; Respondent: Cherutich Francisca Jepkuto; Respondent: Saphina Chelagat; Respondent: Kiptala Jeruto; Respondent: Kakerel Eunice Chepranyei; Respondent: Cherus Maureen Jepkosgei; Respondent: Caroline Chebichii Kessei; Respondent: Francisca Jepsergon Cheburet; Respondent: Diana Siriti; Respondent: Kenya African National Union
- Court
- Magistrate's Court
- Court Station
- Election Petition in Magistrate Courts
- Jurisdiction
- Kenya
- Case Number
- Election Petition 1 of 2018
- Procedural Posture
- Election Petitions / Ruling on Withdrawal of Amended Petition
- Outcome
- Application for withdrawal of amended petition allowed; no order as to costs; matter to proceed for directions.
- Legal Topics
- Withdrawal of Petition, Service of Process, Leave of Court, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Esther Chelimo
Applicant
Veronica Kimoi Kimitei
Applicant
Maryline Jerono Koima
Applicant
The Independent Electoral and Boundaries Commission
Respondent
Jubilee Party
Respondent
Charles Bowen
Respondent
Purity Tallam
Respondent
Cherutich Francisca Jepkuto
Respondent
Saphina Chelagat
Respondent
Kiptala Jeruto
Respondent
Kakerel Eunice Chepranyei
Respondent
Cherus Maureen Jepkosgei
Respondent
Caroline Chebichii Kessei
Respondent
Francisca Jepsergon Cheburet
Respondent
Diana Siriti
Respondent
Kenya African National Union
Respondent
Procedural Posture
Election Petitions / Ruling on Withdrawal of Amended Petition
Legal Issues
- 1 Whether the amended petition could be withdrawn without leave of the court.
- 2 Whether the amended petition was filed out of time and without proper service to all respondents.
- 3 Whether costs should be awarded upon withdrawal of the amended petition.
Ratio Decidendi
The court found that the amended petition was filed without leave and out of time, and that there was no evidence of service on respondents 14-18. The advocate for petitioners 4-12 could not purport to act for respondents 14-18 without proper notice. Consequently, the court allowed the application for withdrawal of the amended petition and made no order as to costs. The matter was to proceed as agreed for directions.
Court Disposition
Application for withdrawal of amended petition allowed; no order as to costs; matter to proceed for directions.
Orders
- The application for withdrawal of the amended petition is allowed.
- No order as to costs.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE PRINCIPAL MAGISTRATE’S COURT AT KABARNET
ELECTION PETITION NO. 1 OF 2017
ESTHER CHELIMO...................................................................1ST PETITIONER
VERONICA KIMOI KIMITEI ......................................................2ND PETITIONER
MARYLINE JERONO KOIMA ..................................................3RD PETITIONER
VERSUS
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION.................................................1ST RESPONDENT
JUBILEE PARTY......................................................................2ND RESPONDENT
CHARLES BOWEN................................................................3RD RESPONDENT
PURITY TALLAM...................................................................4TH RESPONDENT
CHERUTICH FRANCISCA JEPKUTO..................................5TH RESPONDENT
SAPHINA CHELAGAT............................................................6TH RESPONDENT
KIPTALA JERUTO.................................................................7TH RESPONDENT
KAKEREL EUNICE CHEPRANYEI.......................................8TH RESPONDENT
CHERUS MAUREEN JEPKOSGEI ......................................9TH RESPONDENT
CAROLINE CHEBICHII KESSEI.........................................10TH RESPONDENT
FRANCISCA JEPSERGON CHEBURET...........................11TH RESPONDENT
DIANA SIRITI.......................................................................12TH RESPONDENT
KENYA AFRICAN NATIONAL UNION...........................13TH RESPONDENT
RULING
I have had a chance to peruse the filed amended petition that is on record.
I have no reason to refuse the withdrawal of the amended petition as it was filed without leave and out of time.
The respondents who were brought in as number 14-18 were not served as there is no evidence to that effect and the advocate for the 4-12 petitioner cannot purport to be on record for the 14-18 respondents without notice to that effect.
I thus allow the petitioner advocates application for withdrawal of the amended petition with no orders to cost.
The matter to proceed as agreed for directions.
S.O. TEMU [PM]
07. 10. 2017