[2014] KEHC 6693 (KLR)
The court granted leave to the petitioner to withdraw the election petition, finding that the application for withdrawal was properly made and unopposed. The court further held that, in line with established legal principles and the Civil Procedure Rules, the respondents are entitled to costs upon withdrawal of the...
Source-derived case information.
- Citation
- [2014] KEHC 6693 (KLR)
- Parties
- Applicant: Hussein Mohamed Abdirahman; Respondent: Returning Officer Mandera County; Respondent: Independent Electoral and Boundaries Commission; Respondent: Billow Adan Kerrow
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Election Petition 3 of 2013
- Procedural Posture
- Election Petitions / Withdrawal Application
- Outcome
- Petition withdrawn with leave; costs awarded to respondents.
- Judges
- FM Mutuku
- Legal Topics
- Withdrawal of Petition, Costs Award, Election Dispute Resolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hussein Mohamed Abdirahman
Applicant
Returning Officer Mandera County
Respondent
Independent Electoral and Boundaries Commission
Respondent
Billow Adan Kerrow
Respondent
Procedural Posture
Election Petitions / Withdrawal Application
Legal Issues
- 1 Whether the petitioner should be granted leave to withdraw the election petition against the respondents.
- 2 Whether costs should be awarded to the respondents upon withdrawal of the petition.
Ratio Decidendi
The court granted leave to the petitioner to withdraw the election petition, finding that the application for withdrawal was properly made and unopposed. The court further held that, in line with established legal principles and the Civil Procedure Rules, the respondents are entitled to costs upon withdrawal of the petition. The Deputy Registrar is to tax the costs upon filing of the bill of costs by each respondent.
Court Disposition
Petition withdrawn with leave; costs awarded to respondents.
Orders
- Leave is granted to the petitioner to withdraw Garissa High Court Election Petition No. 3 of 2013 against all respondents.
- Costs to be paid to the respondents, to be taxed by the Deputy Registrar upon filing of the bill of costs by each respondent in line with the Civil Procedure Rules.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT GARISSA
ELECTION PETITION 3 OF 2013
HUSSEIN MOHAMED ABDIRAHMAN.........................................................PETITIONER
VERSUS
RETURNING OFFICER MANDERA COUNTY.....................................1ST RESPONDENT
INDEPENDENT ELECTORAL AND BOUNDARIES...............................2nd RESPONDENT
BILLOW ADAN KERROW...................................................................3rd RESPONDENT
IN OPEN COURT ON 8TH DAY OF MAY 2013 BEFORE THE HONOURABLE LADY JUSTICE S. N. MUTUKU
ORDER
THIS PETITION coming up for hearing on 8th May, 2013 in the presence of all parties AND UPON HEARING this application to withdraw the petition by HUSSEIN MOHAMED IBRAHIM dated 7th May 2013 AND UPON HEARING
the submissions of all the parties herein. IT IS HEREBY ORDERED:-
1. THAT leave be and is hereby granted to the petitioner to withdraw Garissa High Court Election Petition No. 3 of 2013 against the Returning Officer Mandera County 1st Respondent, IEBC 2nd Respondent and Billow Adan Kerrow 3rd Respondent respectively.
2. THAT the costs be paid to respondents which will be taxed by the Deputy Registrar upon filing of the bill of costs by each respondent in line with the provision of the Civil Procedure Rules.
GIVEN under my Hand and Seal of this court at Garissa this 8th day of May 2013.
ISSUED at Garissa this 6th day of March 2014
S. N. MUTUKU
JUDGE
DEPUTY REGISTRAR
HIGH COURT OF KENYA AT GARISSA