[2006] KEHC 3493 (KLR)

[2006] KEHC 3493 (KLR)

The court found that the absence of vital election documents and materials, which were required by law to be produced before the court, rendered it impossible for the petitioner to properly prosecute the petition and for the respondents to defend themselves. The missing materials included ballot boxes, registers, declaration forms, and other essential records. The court held that Rule 19 of the National Assembly Elections (Election Petition) Rules made it mandatory for the Returning Officer to deliver these documents, and their loss prejudiced both parties. The court further held that, even though the rules did not specifically provide for this situation, it had inherent power to make...

Citation
[2006] KEHC 3493 (KLR)
Parties
Applicant: Robert Nelson Ngethe; Respondent: Mbogori Njeru; Respondent: James Njenga Karume
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
6 November 2006
Case Number
Election Petition 5 of 2003
Procedural Posture
Election Petition / Ruling on Application to Declare Petition Untriable Due to Missing Election Materials
Outcome
Petition declared untriable and undeterminable due to missing election materials; 1st respondent to bear costs.
Legal Topics
Loss of Election Materials, Procedural Fairness, Costs Award, Election Irregularities
Source Language
English
Election Petitions Administrative Law Loss of Election Materials Procedural Fairness Costs Award Election Irregularities

Case Brief

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Parties

Robert Nelson Ngethe

Applicant

Mbogori Njeru

Respondent

James Njenga Karume

Respondent

Procedural Posture

Election Petition / Ruling on Application to Declare Petition Untriable Due to Missing Election Materials

Legal Issues

  1. 1 Whether the election petition can proceed in the absence of vital election documents and materials required by law to be produced before the court.
  2. 2 Whether the absence of such documents renders the petition untriable and undeterminable.
  3. 3 Who should bear the costs of the petition in the circumstances of missing documents.

Ratio Decidendi

The court found that the absence of vital election documents and materials, which were required by law to be produced before the court, rendered it impossible for the petitioner to properly prosecute the petition and for the respondents to defend themselves. The missing materials included ballot boxes, registers, declaration forms, and other essential records. The court held that Rule 19 of the National Assembly Elections (Election Petition) Rules made it mandatory for the Returning Officer to deliver these documents, and their loss prejudiced both parties. The court further held that, even though the rules did not specifically provide for this situation, it had inherent power to make...

Court Disposition

Petition declared untriable and undeterminable due to missing election materials; 1st respondent to bear costs.

Orders

  • The trial of the election petition shall not proceed due to the absence of vital documents and materials.
  • The 1st respondent shall bear the costs of all parties to the petition.