[2017] KEHC 2273 (KLR)
The court found that the petitioner had complied with all procedural requirements for withdrawal of an election petition, including filing the application, publishing notice for substitution, and allowing time for any interested party to come forward. As no party sought to be substituted as petitioner and all...
Source-derived case information.
- Citation
- [2017] KEHC 2273 (KLR)
- Parties
- Applicant: Jimale Mohamud Abdullahi; Respondent: Independent Electoral and Boundaries Commission; Respondent: The County Returning Officer; Respondent: Fatuma Ali Gedi
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Election Petition 8 of 2017
- Procedural Posture
- Election Petition / Application for Withdrawal of Petition
- Outcome
- Petition withdrawn with leave of court; each party to bear own costs; deposit for costs to be released to petitioner's advocates.
- Judges
- GMA Dulu
- Legal Topics
- Withdrawal of Election Petition, Costs in Election Petitions, Substitution of Petitioner
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jimale Mohamud Abdullahi
Applicant
Independent Electoral and Boundaries Commission
Respondent
The County Returning Officer
Respondent
Fatuma Ali Gedi
Respondent
Procedural Posture
Election Petition / Application for Withdrawal of Petition
Legal Issues
- 1 Whether the petitioner should be granted leave to withdraw the election petition.
- 2 Whether any party has applied to be substituted as petitioner upon withdrawal.
- 3 Who should bear the costs of the withdrawn petition.
Ratio Decidendi
The court found that the petitioner had complied with all procedural requirements for withdrawal of an election petition, including filing the application, publishing notice for substitution, and allowing time for any interested party to come forward. As no party sought to be substituted as petitioner and all parties consented to the withdrawal and to bearing their own costs, the court granted leave to withdraw the petition, marked the petition as withdrawn, ordered each party to bear their own costs, and directed that the deposit for costs be released to the petitioner's advocates.
Court Disposition
Petition withdrawn with leave of court; each party to bear own costs; deposit for costs to be released to petitioner's advocates.
Orders
- Leave granted to the petitioner to withdraw the election petition.
- The election petition is marked as withdrawn.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
ELECTION PETITION NUMBER 8 OF 2017
IN THE MATTER OF THE ELECTION ACT, NUMBER 24 OF 2011 LAWS OF KENYA AND THE ELECTION (GENERAL) REGULATIONS, 2012 AND ELECTIONS (PARLIAMENTARY AND COUNTY) PETITION RULES, 2017
AND
IN THE MATTER OF THE ELECTION OFFENCES ACT, 2016
AND
IN THE MATTER OF THE ELECTION OF MEMBER OF THE NATIONAL ASSEMBLY WOMEN REPRESENTATIVE WAJIR COUNTY HELD ON THE 8TH DAY OF AUGUST, 2017
JIMALE MOHAMUD ABDULLAHI. .........................................PETITIONER
VERSUS
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION.…..................................1ST RESPONDENT
THE COUNTY RETURNING OFFICER...........................2ND RESPONDENT
FATUMA ALI GEDI. ........................................................3RD RESPONDENT
R U L I N G
The Petitioner filed this election petition on 6th September, 2017. At the pre-trial and interlocutory application stage, when all three respondents had been served and were represented in court, the Petitioner’s Counsel indicated that he intended to file an application for leave for withdrawal of the petition.
The application to withdraw the election petition was then filed on 2nd November, 2017, giving the reasons for such request for leave to withdraw the election petition.
On the same 2nd November, 2017, the Petitioner’s counsel published a Notice in the People Daily Newspaper giving seven (7) days’ notice for any interested party to file their papers if they want to take over the petition as Petitioners.
The application was set for hearing on 17th November, 2017. When the application came up today 17th November, 2017, the record showed that no person had filed any document indicating an interest to take over the case in the place of the Petitioner.
The counsel for the Petitioner and both counsel for the three Respondent’s addressed me and stated that they have no objection to the request for withdrawal of the petition. All counsel present agreed that parties bear their respective costs.
Consequently, I allow the application and grant leave to the petitioner to withdraw the election Petition herein. The orders of this court are thus as follows: -
1. Leave be and is hereby granted to the petitioner to withdraw the election petition.
2. The Election petition herein be and is hereby marked as withdrawn.
3. Each party will bear their respective costs of the proceedings.
4. The Deposit for costs paid by the Petitioner be released to her advocates on record.
It is so ordered.
Dated, signed and delivered at Nairobi this 17th day of November, 2017.
………………....
GEORGE DULU
JUDGE