[2013] KEHC 3563 (KLR)
The court found that all parties had complied with the statutory timelines for filing and service of the petition and responses. The court exercised its discretion to give comprehensive pre-trial directions to ensure the fair and expeditious determination of the election petition. These included orders for the...
Source-derived case information.
- Citation
- [2013] KEHC 3563 (KLR)
- Parties
- Applicant: John Okelo Nagafwa; Respondent: The Independent Electoral & Boundaries Commission; Respondent: Samson Ojiem Oriedo; Respondent: Paul Otuoma Nyongesa
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Petition 3 of 2013
- Procedural Posture
- Election Petition / Pre Trial Directions
- Outcome
- Pre-trial directions issued; parties to comply with timelines and orders as set out.
- Legal Topics
- Election Dispute Procedure, Security for Costs, Disclosure of Election Materials, Scrutiny and Recount, Admissibility of Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Okelo Nagafwa
Applicant
The Independent Electoral & Boundaries Commission
Respondent
Samson Ojiem Oriedo
Respondent
Paul Otuoma Nyongesa
Respondent
Procedural Posture
Election Petition / Pre Trial Directions
Legal Issues
- 1 Whether the parties have complied with statutory timelines for filing and service of the petition and responses.
- 2 What directions should be given regarding disclosure and inspection of election materials.
- 3 What timelines and procedures should govern the filing of additional evidence and interlocutory applications.
Ratio Decidendi
The court found that all parties had complied with the statutory timelines for filing and service of the petition and responses. The court exercised its discretion to give comprehensive pre-trial directions to ensure the fair and expeditious determination of the election petition. These included orders for the timely disclosure and inspection of election materials, the exchange and filing of additional affidavits, and the management of interlocutory applications such as recount, scrutiny, and enhancement of security for costs. The court also set clear timelines for the exchange of electronic and photographic evidence and structured the hearing schedule to ensure efficient presentation of...
Court Disposition
Pre-trial directions issued; parties to comply with timelines and orders as set out.
Orders
- All parties confirmed to have complied with statutory timelines for filing and service.
- Payment for security of costs by the petitioner deemed as deposited within time.
Full Case Text
Judgment text and source record
49 paragraphs
REPUBLIC OF KENYA
High Court at Busia
Petition 3 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]
JOHN OKELO NAGAFWA…..……………….....…………………PETITIONER
VERSUS
THE INDEPENDENT ELECTORIAL & BOUNDERIES
COMMISISON …………………………………………….1ST RESPONDENT
SAMSON OJIEM ORIEDO …………………………….2ND RESPONDENT
PAUL OTUOMA NYONGESA …………………………..3RD RESPONDENT
14TH MAY 2013
Coram: F. Tuiyott - Judge
Kadenyi – court clerk
Masika and Oundo for Petitioner
Mutahi for 1st and 2nd Respondents
Wangalwa 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.
1. 2.It was agreed that the payment for the security of costs made by the Petitioner on 19th April 2013 be and is hereby deemed as deposited within time.
2)ISSUES FOR DETERMINATION
Parties to exchange and agree on issues by 17th May 2013 and to file the same by 21st May 2013. In default the Court shall frame the issues on or before the hearing date.
3)INTERLOCUTORY MATTERS AND APPLICATIONS
3. 1The 1st Respondent shall within 7 (seven) days hereof deliver to the Deputy Registrar of this Court the results of the election which shall include all original forms 35 and 36.
3. 2The 1st Respondent shall within 14 (fourteen) days hereof deliver to the Deputy Registrar a copy of the Electronic Registers and Green Books in respect to Sigalame Primary school Polling Station and Sigalame Secondary Polling Station and the same shall thereafter be availed for inspection by the Petitioner on the directions of the Court.
3. 3.The 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. 4.The 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. 5.The Petitioners are granted leave of 7 (seven) days to file and serve affidavits in respect to additional evidence.
3. 6.The Respondents are at liberty to file and serve affidavits in respect to additional evidence within 7 (seven) days of service.
3. 7.The Petitioner is granted leave to file and serve an application for recount and scrutiny within 7 (seven) days hereof.
3. 8.The 3rd Respondent is granted leave to file and serve an application for the enhancement of security of costs within 7 (seven) days hereof.
3. 8.Responses, if any, to both applications shall be filed and served within 7 (seven) days of service of the Applications.
3. 9.Both applications shall be heard on 3rd of June 2013.
4)EVIDENCE
All video, electronic or photographic evidence shall be exchanged by the parties within 14 (fourteen) days and if no agreement is reached on their production then the Court shall decide.
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 4th June 2013 to 7th June 2013 and from 17th June 2013 to 21st 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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