[2013] KEHC 3635 (KLR)
As this is a pre-trial conference direction, the court has not yet determined the substantive issues. The directions focus on ensuring compliance with statutory timelines, identification of issues for determination, management of interlocutory applications, and setting the framework for the hearing. The court...
Source-derived case information.
- Citation
- [2013] KEHC 3635 (KLR)
- Parties
- Applicant: Henry Okello Nadimo; Respondent: The Independent Electoral & Boundaries Commission; Respondent: Paul Cheruiyot Kones; Respondent: Pius Ababu Namwamba
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Petition 2 of 2013
- Procedural Posture
- Election Petition / Pre Trial Conference Directions
- Outcome
- Pre-trial directions issued; matter set for hearing.
- Legal Topics
- Validity of Election, Electoral Malpractice, Election Nullification, Electoral Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Okello Nadimo
Applicant
The Independent Electoral & Boundaries Commission
Respondent
Paul Cheruiyot Kones
Respondent
Pius Ababu Namwamba
Respondent
Procedural Posture
Election Petition / Pre Trial Conference Directions
Legal Issues
- 1 Whether the 3rd Respondent was validly elected and declared as member of the National Assembly for Budalangi Constituency during the elections held on 4th March 2013.
- 2 Whether the election was conducted in a free, fair, transparent and credible manner and in compliance with the Constitution and relevant laws.
- 3 Whether there were fundamental breaches, malpractices, or irregularities that compromised the outcome or validity of the election and if such are sufficient grounds for nullification.
Ratio Decidendi
As this is a pre-trial conference direction, the court has not yet determined the substantive issues. The directions focus on ensuring compliance with statutory timelines, identification of issues for determination, management of interlocutory applications, and setting the framework for the hearing. The court emphasizes the need for procedural fairness, timely exchange of evidence, and adherence to statutory requirements to facilitate a just and expeditious determination of the petition.
Court Disposition
Pre-trial directions issued; matter set for hearing.
Orders
- 1st Respondent to deliver original forms 35 and 36 within 7 days.
- 1st Respondent to deliver all ballot boxes at least 48 hours before hearing date.
Full Case Text
Judgment text and source record
52 paragraphs
REPUBLIC OF KENYA
High Court at Busia
Petition 2 of 2013 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
HENRY OKELLO NADIMO ………………………….....………PETITIONER
VERSUS
THE INDEPENDENT ELECTORIAL & BOUNDERIES
COMMISISON …………………………………………….1ST RESPONDENT
PAUL CHERUIYOT KONES ………………………..…….2ND RESPONDENT
PIUS ABABU NAMWAMBA ……………………....……..3RD RESPONDENT
14TH MAY 2013
Coram: F. Tuiyott - Judge
Kadenyi – court clerk
Muriuki for Petitioner
Mutahi for 1st and 2nd Respondents
Mandala for 3rd Respondent
DIRECTIONS AT PRE-TRIAL CONFERENCE
1)COMPLIANCE WITH STATUTORY TIMELINES
1. 1.It was confirmed that all parties had complied with the Statutory timelines in respect to filing and service of the Petition and the Responses.
2)ISSUES FOR DETERMINATION
a)Whether the 3rd Respondent was validly elected and declared as member of The National Assembly for Budalangi Constituency during the elections held on 4th March 2013.
b)Whether the said election was conducted in a free, fair, transparent and credible manner and in compliance with the provisions of the Constitution and all relevant laws and regulations.
c)Whether there was fundamental breach of the election process or commission of malpractices or irregularities that compromised the outcome or validity of that election and also whether such breaches or malpractices or irregularities, if any, are sufficient ground for nullification of the result of the said election.
d)Whether the Respondents, jointly or severally, were involved in any electoral malpractices or election offences.
e)Whether there are consequential declarations and reliefs including costs that this Court should grant on the determination of the petition.
f)Whether a fresh election for the member of the National Assembly for Budalangi Constituency ought to be held.
3)INTERLOCUTORY MATTERS AND APPLICATIONS
3. 1The 1st Respondent shall within 7 (seven) days hereof deliver tothe Deputy Registrar of this Court the results of the election which shall include all original forms 35 and 36.
3. 2The 1st Respondent shall not less than 48 (forty eight) hours before the hearing date deliver to the Deputy Registrar of this Court all ballot boxes in respect to the election.
3. 3The 1st Respondent shall within 14 (fourteen) days hereof file and serve the Petitioner and the 3rd Respondent with a list of the names of all Presiding officers, Deputy Presiding officers and clerks who manned all polling stations.
3. 4The Petitioners are granted leave of 7 (seven) days to file and serve affidavits in respect to additional evidence.
3. 5.The Respondents are at liberty to file and serve affidavits in respect to additional evidence within 7 (seven) days of service.
3. 6.The Petitioner is granted leave to file and serve an application for recount and scrutiny within 7 (seven) days hereof.
3. 6The 3rd Respondent is granted leave to file and serve an application for the enhancement of security of costs within 7 (seven) days hereof.
3. 7Responses, if any, to both applications shall be filed and served within 7 (seven) days of service of the Applications.
3. 8Both applications shall be heard on 10th June 2013.
4)EVIDENCE
All video, electronic or photographic evidence shall be exchanged by the parties within 7 (seven) days hereof and it is hereby agreed that the evidence shall be admitted without calling their makers or producers.
5)WITNESSES AND HEARING
5. 1.The affidavits of witnesses shall form their evidence-in-chief whereupon they shall be cross-examined.
5. 2The examination-in-chief, cross-examination and re-examination of the Petitioner’s witness shall be limited to 5 (five) days.
5. 3The examination-in-chief, cross-examination and re-examination of the Respondents witnesses shall also be limited to 5(five) days.
5. 4Hearing shall be from 11th June 2013 to 14th June 2013 and from 24th June 2013 to 28th June 2013, the first and last days included.
6)SUBMISSIONS
An order on submissions shall be made by Court at the close of taking of evidence.
DATED AND ISSUED AT BUSIA THIS 14TH DAY OF MAY 2013.
F. TUIYOTT
J U D G E
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