[2013] KEMC 15 (KLR)
The court accepted the parties' consent to settle the election petition, finding that the matter had been resolved amicably between the petitioners and respondents. The court ordered that the petition be marked as settled with no order as to costs, as agreed by the parties. The court further ordered that the...
Source-derived case information.
- Citation
- [2013] KEMC 15 (KLR)
- Parties
- Applicant: Mohamed Koriyow Hassan; Applicant: Mohamed Aden Dubow; Respondent: I.E.B.C; Respondent: The Clerk Garissa County; Respondent: Mohamed Abey Mohamed; Respondent: Abubakar Mohamed Shide
- Court
- Magistrate's Court
- Court Station
- Election Petition in Magistrate Courts
- Jurisdiction
- Kenya
- Case Number
- Election Petition 2 of 2013
- Procedural Posture
- Election Petitions / Settlement Before Hearing
- Outcome
- Petition marked as settled by consent with no order as to costs; security for costs to be released to petitioners.
- Legal Topics
- Election Dispute Resolution, Consent Settlement, Costs Award, Security for Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Koriyow Hassan
Applicant
Mohamed Aden Dubow
Applicant
I.E.B.C
Respondent
The Clerk Garissa County
Respondent
Mohamed Abey Mohamed
Respondent
Abubakar Mohamed Shide
Respondent
Procedural Posture
Election Petitions / Settlement Before Hearing
Legal Issues
- 1 Whether the election petition should be marked as settled by consent of the parties.
- 2 Whether costs should be awarded to any party upon settlement.
- 3 Whether the security for costs should be released to the petitioners.
Ratio Decidendi
The court accepted the parties' consent to settle the election petition, finding that the matter had been resolved amicably between the petitioners and respondents. The court ordered that the petition be marked as settled with no order as to costs, as agreed by the parties. The court further ordered that the security for costs deposit be released to the petitioners, reflecting the terms of the consent. The court's decision was guided by the principle that parties are at liberty to settle disputes by consent and that such settlements, when recorded by the court, are binding. The court also exercised its discretion regarding costs, in line with the parties' agreement and the applicable...
Court Disposition
Petition marked as settled by consent with no order as to costs; security for costs to be released to petitioners.
Orders
- The election petition is marked as settled with no order as to costs as per the filed consent.
- The security for costs deposit is to be released to the petitioners.
Full Case Text
Judgment text and source record
43 paragraphs
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT GARISSA
ELECTION PETITION NO. 2 OF 2013
MOHAMED KORIYOW HASSAN……………………..1ST PETITIONER
MOHAMED ADEN DUBOW…………………………….2ND PETITIONER
VERSUS
I.E.B.C……………………………………………………..1ST RESPONDENT
THE CLERK GARISSA COUNTY……………………2ND RESPONDENT
MOHAMED ABEY MOHAMED…….……….….……3RD RESPONDENT
ABUBAKAR MOHAMED SHIDE.….……….….……4TH RESPONDENT
14/05/13
BEFORE ME : NDUNG’U H. N. (MISS) CM
C/CLERK : HALIMA
Mwangi Charles for the petitioner
Mwangi J. K. holding brief for Garane for the 1st respondent
MWANGI CHARLES: The matter is coming up for directions and also to report on service. We have served the 1st respondent. 2nd respondent and the 3rd and 4th have not been served but have been notified by telephone and email on this matter. The one who has been problematic is the 3rd respondent he promised to give us his email but never did so though we talked to him on phone.
We have complied. We wish to have two weeks to allow the parties to negotiate out of court as there are indications that there is a possibility of a settlement. We ask for two weeks time to report back on the outcome of negotiations. That’s all.
NDUNG’U H. N. (MISS) CM
14/05/13
MWANGI J. K: The 1st respondent does not oppose the adjournment for two (2) weeks. However we shall be asking for today’s costs. Further if the petitioner wishes to withdraw at any time before commencement of hearing of the petition the 1st respondent maintains that it should be awarded costs. The security should be given to the 1st respondent as all other parties have not filed their papers. That’s all.
NDUNG’U H. N. (MISS) CM
14/05/13
MWANGI CHARLES: Nothing in response.
NDUNG’U H. N. (MISS) CM
14/05/13
ORDER: Mention 23/05/2013. The 1st respondent to have today’s costs assessed at Kshs. 5,000/-.
NDUNG’U H. N. (MISS) CM
14/05/13
23/05/13
BEFORE ME : NDUNG’U H. N. (MISS) CM
C/CLERK : HALIMA
Mwangi J. K. for 1st respondent
Charles Mwangi for petitioner
CHARLES MWANGI: We have agreed on the issues and we pray it be marked as settled with no order as to costs as per the filed consent.
NDUNG’U H. N. (MISS) CM
23/05/13
ORDER: Orders then in terms of the letter of consent filed this morning and dated 23rd May 2013 that is to say.
“By consent the parties agree to have this election petition marked as settled with no order as to costs. The security for costs deposit to be released to the petitioners”.
NDUNG’U H. N. (MISS) CM
23/05/13
FURTHER ORDER: Proceedings to be typed for record purposes and for release to parties if they need them.
NDUNG’U H. N. (MISS) CM
23/05/13