[2022] KEHC 10545 (KLR)

Source-derived case information.

Citation: [2022] KEHC 10545 (KLR)
Parties: Applicant: John Andiwo Mwai; Respondent: National Election Board (ODM); Respondent: Orange Democratic Movement Party; Respondent: Gideon Ochanda; Respondent: Jonathan Odiwuor Amoke; Respondent: Constituency Returning Officer, IEBC Bondo Constituency; Respondent: Independent Electoral & Boundaries Commission
Court: High Court
Court Station: High Court at Siaya
Jurisdiction: Kenya
Case Number: Constitutional Petition 1 of 2022
Procedural Posture: Constitutional Petition / Withdrawal Ruling
Outcome: Petition wholly withdrawn; each party to bear their own costs; file closed.
Judges: RE Aburili
Legal Topics: Right to Participate in Elections, Party Nominations, Withdrawal of Petition
Source Language: en

Constitutional Law Election Petitions Right to Participate in Elections Party Nominations Withdrawal of Petition

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Summary, issues, holding and outcome

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Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

John Andiwo Mwai

Applicant

National Election Board (ODM)

Respondent

Orange Democratic Movement Party

Respondent

Gideon Ochanda

Respondent

Jonathan Odiwuor Amoke

Respondent

Constituency Returning Officer, IEBC Bondo Constituency

Respondent

Independent Electoral & Boundaries Commission

Respondent

Procedural Posture

Constitutional Petition / Withdrawal Ruling

Legal Issues

1 Whether the petition should be marked as withdrawn upon the applicant's notice of withdrawal and absence of objection from the respondents.
2 Whether costs should be awarded or each party should bear their own costs.

Ratio Decidendi

The court found that the petitioner had filed a notice of withdrawal of the entire petition, and there was no objection from the 1st and 2nd respondents, while the 3rd to 6th respondents neither appeared nor objected. In the absence of any contest or objection, and in exercise of its discretion, the court marked the petition as wholly withdrawn and ordered that each party bear their own costs. The file was ordered closed, bringing the proceedings to an end.

Court Disposition

Petition wholly withdrawn; each party to bear their own costs; file closed.

Orders

The petition is marked as wholly withdrawn.
Each party shall bear their own costs of the petition.

Full Case Text

Judgment text and source record

29 paragraphs

Mwai v National Election Board (ODM)) & 5 others (Constitutional Petition 1 of 2022) [2022] KEHC 10545 (KLR) (22 June 2022) (Ruling)

Neutral citation: [2022] KEHC 10545 (KLR)

Republic of Kenya

In the High Court at Siaya

Constitutional Petition 1 of 2022

RE Aburili, J

June 22, 2022

(ORIGINATING FROM NAIROBI CONST. PETITION NO. E259/2022) IN THE MATTER OF ALLEGED VIOLATION OF ARTICLES 38(3), 10(2), 19, 20, 21, 75 & 232 OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ARTICLES 159 AND 165 OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF SECTIONS 13 & 31 OF THE ELECTIONS ACT, 2013 AND IN THE MATTER OF SECTION 5 OF THE JUDICATURE ACT, CAP 8 LAWS OF KENYA, AND IN THE MATTER OF ORDER 52 OF THE RULES OF THE SUPREME COURT OF ENGLAND, 1965 PRACTICE AND PROCEDURE RULES AND IN THE MATTER OF THE NOMINATION OF THE ORANGE DEMOCRATIC MOVEMENT (ODM) PARTY CANDIDATE FOR THE BONDO CONSTITUENCY (NATIONAL ASSEMBLY) SEAT FOR THE AUGUST 9TH 2022 GENERAL ELECTIONS

Between

John Andiwo Mwai

Petitioner

and

National Election Board (ODM))

1st Respondent

Orange Democratic Movement Party

2nd Respondent

Gideon Ochanda

3rd Respondent

Jonathan Odiwuor Amoke

4th Respondent

Constituency Returning Officer, IEBC Bondo Constituency

5th Respondent

Independent Electoral & Boundaries Commission.

6th Respondent

Ruling

1. Upon perusal of the Notice of withdrawal of the entire Petition against the respondents as filed on 7/6/2022 by the petitioner’s advocate Mr. John Juma and on no objection from the 1st and 2nd respondents, with no appearance or objection filed or raised by the 3rd - 6th respondents, this Petition as originally filed at Nairobi Constitutional and Human Rights Division vide Constitutional Petition No. E259/2022 and transferred to this court on 3/6/2022 by Hon. H.I. Ong’udi J be and is hereby marked as wholly withdrawn with each party to bear their own costs of the Petition.

2. The file is closed.

3. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 22ND DAY OF JUNE, 2022R.E. ABURILIJUDGE

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