[2017] KEHC 2720 (KLR)
The court held that it could not issue directions regarding the preservation and storage of election materials before the pre-trial conference, as Rule 16 of the Election Petition Rules 2017 expressly provides that such directions are to be made upon the conclusion of the pre-trial conference under Rule 15. Since...
Source-derived case information.
- Citation
- [2017] KEHC 2720 (KLR)
- Parties
- Applicant: Musa Cherutich Sirma; Respondent: The Independent Electoral and Boundaries Commission (I.E.B.C); Respondent: The Eldama Ravine Constituency Returning Officer (Ndirangu Peter Kuria); Respondent: Moses Lessonet
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Election Petition 1 of 2017
- Procedural Posture
- Election Petition / Ruling on Interlocutory Application Regarding Preservation of Election Materials Prior to Pre Trial Conference
- Outcome
- Application for preservation of election materials deferred; to be addressed after pre-trial conference.
- Judges
- EM Muriithi
- Legal Topics
- Preservation of Election Materials, Pre Trial Procedure, Custody of Ballot Boxes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Musa Cherutich Sirma
Applicant
The Independent Electoral and Boundaries Commission (I.E.B.C)
Respondent
The Eldama Ravine Constituency Returning Officer (Ndirangu Peter Kuria)
Respondent
Moses Lessonet
Respondent
Procedural Posture
Election Petition / Ruling on Interlocutory Application Regarding Preservation of Election Materials Prior to Pre Trial Conference
Legal Issues
- 1 Whether the court should issue orders for preservation and storage of election materials prior to the pre-trial conference as per the Election Petition Rules 2017.
- 2 Whether prayers 8, 9, and 10 of the Notice of Motion dated 25.9.2017 can be determined before pre-trial directions are given.
Ratio Decidendi
The court held that it could not issue directions regarding the preservation and storage of election materials before the pre-trial conference, as Rule 16 of the Election Petition Rules 2017 expressly provides that such directions are to be made upon the conclusion of the pre-trial conference under Rule 15. Since the pre-trial conference had not yet occurred, the prayers in the Notice of Motion relating to the preservation of election materials were premature and would be addressed after the pre-trial conference. The court therefore deferred the determination of those prayers until after the pre-trial conference scheduled for 4th October 2017.
Court Disposition
Application for preservation of election materials deferred; to be addressed after pre-trial conference.
Orders
- Prayers 8, 9, and 10 of the Notice of Motion dated 25.9.2017 to be dealt with after pre-trial conference directions.
- Costs in the cause.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
ELECTION PETITION NO. 1 OF 2017
MUSA CHERUTICH SIRMA........................................PETITIONER
VERSUS
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION (I.E.B.C).........1ST RESPONDENT
THE ELDAMA RAVINE CONSTITUENCY RETURNING OFFICER
(NDIRANGU PETER KURIA)..........................2ND RESPONDENT
MOSES LESSONET......................................3RD RESPONDENT
RULING
1. Upon considering the Notice of Motion dated 25. 9.2017 and the submissions of counsel for the parties herein; the court observes that the motion relates to the preservation of the Election materials and in accordance with Rule 16 of the Election Petition Rules 2017, the court should deal with question of storage of ballot boxes and other materials on the conclusion of the pre-trial conference under rule 15 of the Election Petition Rules. Rule 16 is in terms as follows;
16. (1) on conclusion of the pre-trial conference under rule 15, the election court may give directions on-
(a) Storage of the election materials including ballot boxes and documents relating to the petition;
(b) The handling and safety of the election materials; or
(c ) The time for furnishing the election materials to the election court.
(2) In giving directions under sub-rule (1), the election court shall-
(a) consider the prudent, efficient and economical use of storage and transport facilities;
(b) consider the maintenance of the integrity of the election materials; and
(c) ensure that the election materials are not interfered with.
(3) An election court may direct that the Commission maintains the custody of all election materials in relation to a petition.
(4) Only the material relating to a particular petition may be furnished to an election court.
(5) The election court may order that additional seals be placed on the ballot boxes related to the election for which a petition has been lodged.
2. As the court has not given directions on pre-trial conference under Rule 15, the matters raised in prayers 8,9 and 10 of the Notice of Motion dated 25. 9.17 which were presented as the live issues of the Notice of Motion shall be dealt with after the pre-trial conference directions set for the 4. 10. 17.
3. Costs in the cause.
Dated and Delivered the 4th October 2017.
EWARD MURIITHI
JUDGE