[2023] KEHC 79 (KLR)
The court recognized the strict constitutional timelines governing election petitions but found it just and necessary to extend the hearing period by two days since the petitioner’s case was not concluded within the scheduled time. The extension was granted to ensure a fair hearing for all parties while remaining...
Source-derived case information.
- Citation
- [2023] KEHC 79 (KLR)
- Parties
- Petitioner: Hon. Jude Kang’ethe Njomo; Respondent: Hon. John Machua Waithaka; Respondent: Beatrice Saki Muli; Respondent: IEBC
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Election Petition E003 of 2022
- Procedural Posture
- Election Petition / Interlocutory Ruling on Extension of Hearing Dates
- Outcome
- Application for extension of hearing dates granted.
- Judges
- AN Ongeri
- Legal Topics
- Extension of Hearing Time, Election Petition Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon. Jude Kang’ethe Njomo
Petitioner
Hon. John Machua Waithaka
Respondent
Beatrice Saki Muli
Respondent
IEBC
Respondent
Procedural Posture
Election Petition / Interlocutory Ruling on Extension of Hearing Dates
Legal Issues
- 1 Whether the court should extend the hearing period for the election petition beyond the originally scheduled dates in light of constitutional timelines.
Ratio Decidendi
The court recognized the strict constitutional timelines governing election petitions but found it just and necessary to extend the hearing period by two days since the petitioner’s case was not concluded within the scheduled time. The extension was granted to ensure a fair hearing for all parties while remaining compliant with the constitutional framework for expeditious determination of election disputes.
Court Disposition
Application for extension of hearing dates granted.
Orders
- The time for hearing this petition is extended by two more days.
- The hearing will continue on 23rd and 24th January, 2023.
Full Case Text
Judgment text and source record
26 paragraphs
Njomo v Waithaka & 2 others (Election Petition E003 of 2022) [2023] KEHC 79 (KLR) (19 January 2023) (Ruling)
Neutral citation: [2023] KEHC 79 (KLR)
Republic of Kenya
In the High Court at Kiambu
Election Petition E003 of 2022
AN Ongeri, J
January 19, 2023
Between
Hon. Jude Kang’ethe Njomo
Petitioner
and
Hon. John Machua Waithaka
1st Respondent
Beatrice Saki Muli
2nd Respondent
IEBC
3rd Respondent
Ruling
1. During the pretrial conference, this court scheduled the hearing of this case to proceed from 16th to 20th January, 2023.
2. Today is 19/1/2023 and we are not yet done with the petitioner’s case.
3. I have considered the request by the learned counsels who are seized of this hearing that this court adjusts the time for the hearing of this case and extends the same by two more days.
4. This court is a live to the strict timelines fixed by the Constitution for finalizing this Election Petition.
5. I grant the request and direct that the time for hearing this petition be and is hereby extended by two more days.
6. The hearing will be extended to 23rd and 24th January, 2023 (Monday and Tuesday next week).
7. The Deputy Registrar of this court is directed to extract the order and to amend the cause list accordingly.
RULING DELIVERED, DATED AND SIGNED AT KIAMBU THIS 19TH DAY OF JANUARY, 2023………………………………ASENATH ONGERIJUDGEIn the Presence of:Mourice – Court AssistantMr. Kibe Mungai for the PetitionerMr. Ogado and Mr. Geoffrey Manyara Mokua for the 1st RespondentMr. Lubulellah for the 2nd and 3rd Respondent