[2013] KEMC 6 (KLR)
The court found that the petitioner and his advocate failed to comply with the mandatory procedural requirements for withdrawal of an election petition as stipulated in the Elections Act. Despite having ample time, the petitioner did not gazette the application for withdrawal nor provide proof of compliance. The...
Source-derived case information.
- Citation
- [2013] KEMC 6 (KLR)
- Parties
- Applicant: Musa Ibrahim Dimbil; Respondent: The Independent Electoral and Boundaries Commission; Respondent: Abdullahi Ali Abdi
- Court
- Magistrate's Court
- Court Station
- Election Petition in Magistrate Courts
- Jurisdiction
- Kenya
- Case Number
- Election Petition 2 of 2013
- Procedural Posture
- Election Petitions / Withdrawal Application
- Outcome
- Petition withdrawn with costs to the 1st respondent.
- Legal Topics
- Withdrawal of Petition, Compliance With Elections Act, Costs Award, Court Deadlines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Musa Ibrahim Dimbil
Applicant
The Independent Electoral and Boundaries Commission
Respondent
Abdullahi Ali Abdi
Respondent
Procedural Posture
Election Petitions / Withdrawal Application
Legal Issues
- 1 Whether the petitioner complied with the procedural requirements for withdrawal of an election petition under the Elections Act.
- 2 Whether the application for withdrawal should be allowed given the lack of compliance and appearance.
- 3 Whether costs should be awarded to the respondent.
Ratio Decidendi
The court found that the petitioner and his advocate failed to comply with the mandatory procedural requirements for withdrawal of an election petition as stipulated in the Elections Act. Despite having ample time, the petitioner did not gazette the application for withdrawal nor provide proof of compliance. The absence of the petitioner and his advocate in court further demonstrated disregard for the court's process. Given the statutory deadline for determination of election petitions and the lack of compliance, the court allowed the application for withdrawal with costs to the 1st respondent. The court also directed that the proceedings be forwarded to the Chief Registrar for possible...
Court Disposition
Petition withdrawn with costs to the 1st respondent.
Orders
- The application for withdrawal of the petition is allowed.
- Petitioner to pay costs to the 1st respondent.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE PRINCIPAL MAGISTRATE’S COURT OF KENYA AT WAJIR
ELECTION PETITION NO. 2 OF 2013
MUSA IBRAHIM DIMBIL……………………………………..1ST PETITIONER
VERSUS
THE INDEPENDENT ELECTORAL AND BOUNDARIES
COMMISSION………………………………………….……….1ST RESPONDENT
ABDULAHI ALI ABDI…………………………………………2ND RESPONDENT
Court: There is no appearance on the part of the petitioner or his advocate. There is no prove that they have complied with the elections Act. Today is on 26/8/13 and there is a deadline for deciding election petition cases. This is a very clear case of an advocate who has taken this court for granted. The petitioner had over a month to gazette the application to withdraw the case. The court has not seen any prove to that extend despite dealing with the matter severally. Under the circumstances I have no choice but to allow the application to withdraw this case. There are only fourteen (14) days before the deadline of deciding election petition. I shall order that these proceedings be typed and the matter be taken up by the chief registrar to see if action can be taken against the petitioners advocate for taking this court for granted. The application is allowed with costs to the 1st respondent. Petitioner to pay the costs.
Court: Assessment of bill of costs on 19/9/13.
Linus Kassan – PM
26/8/2013