[2018] KEHC 7905 (KLR)
The court directed that the scrutiny of candidate tally sheets, which are stored in sealed ballot boxes at the IEBC warehouse in Bomet, be conducted at that location under the supervision of the Deputy Registrar and in the presence of party agents. The process must ensure that the ballot boxes are opened solely for...
Source-derived case information.
- Citation
- [2018] KEHC 7905 (KLR)
- Parties
- Applicant: Nkoidila Ole Lankas; Applicant: Albert Kiplangat; Respondent: Independent Electoral and Boundaries Commission; Respondent: Nduku Kimeu Annahstacia; Respondent: Ledama Ole Kina
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Election Petition 3 of 2017
- Procedural Posture
- Election Petitions / Directions on Ongoing Scrutiny
- Outcome
- Directions issued for the conduct of scrutiny at the IEBC warehouse in Bomet.
- Judges
- CW Meoli
- Legal Topics
- Election Scrutiny, Tally Sheet Examination, Ballot Box Handling
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nkoidila Ole Lankas
Applicant
Albert Kiplangat
Applicant
Independent Electoral and Boundaries Commission
Respondent
Nduku Kimeu Annahstacia
Respondent
Ledama Ole Kina
Respondent
Procedural Posture
Election Petitions / Directions on Ongoing Scrutiny
Legal Issues
- 1 Whether the scrutiny of candidate tally sheets should be conducted at the IEBC warehouse in Bomet as the documents are stored there.
- 2 Whether the process of opening and resealing ballot boxes for scrutiny complies with court orders and electoral law.
Ratio Decidendi
The court directed that the scrutiny of candidate tally sheets, which are stored in sealed ballot boxes at the IEBC warehouse in Bomet, be conducted at that location under the supervision of the Deputy Registrar and in the presence of party agents. The process must ensure that the ballot boxes are opened solely for the purpose of retrieving the tally sheets, and that after scrutiny, the sheets are returned and the boxes resealed in the presence of all parties. This approach upholds the integrity of the electoral process, ensures compliance with the court's previous orders, and maintains the chain of custody for electoral materials.
Court Disposition
Directions issued for the conduct of scrutiny at the IEBC warehouse in Bomet.
Orders
- The Deputy Registrar and her team to travel to Bomet and carry out scrutiny of candidate tally sheets at the IEBC warehouse.
- Sealed ballot boxes to be opened in the presence of the Deputy Registrar and party agents for retrieval of tally sheets.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
NAROK ELECTION PETITION NO. 3 OF 2017
IN THE MATTER OF A PETITION CONTESTING THE VALIDITY OF THE ELECTIONS FOR THE SEAT OF SENATOR OF NAROK COUNTY HELD ON 8TH AUGUST 2017
IN THE MATTER OF ARTICLES 1, 2, 3, 10, 20, 23, 47, 81, 82, 83, 86, 87, 98, 165 (3) (b), (d), (e), 258, 259 OF THE CONSTITUTION OF KENYA
IN THE MATTER OF SECTION 75 AND 76 OF THE ELECTIONS ACT 2011
IN THE MATTER OF AN ELECTION PETITION BY NKOIDILA OLE LANKAS AND ALBERT KIPLANGAT
NKOIDILA OLE LANKAS……………..….............……....1ST PETITIONER
ALBERT KIPLANGAT………………………......…….….2ND PETITIONER
-VERSUS-
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION……….………….........….1ST RESPONDENT
NDUKU KIMEU ANNAHSTACIA……...……….……......2ND RESPONDENT
LEDAMA OLE KINA……………………................……3RD RESPONDENT
IN CHAMBERS ON 6TH FEBRUARY, 2018
BEFORE HON. LADY JUSTICE C. MEOLI, J
DIRECTIONS ON ONGOING SCRUTINY
1. Pursuant to the information communicated by the Deputy Registrar to the effect that candidate tally sheets, which are the subject of the Court Order for scrutiny (30th January, 2018) are in sealed ballot boxes, and stored in a warehouse in Bomet, I direct that:-
a) The Deputy Registrar and the team working under her supervision, do travel to Bomet and carry out the scrutiny, in respect of the candidate tally sheets at the I.E.B.C. warehouse located in Bomet.
b) The sealed ballot boxes holding the candidate tally sheets in question are to be opened in the presence of the Deputy Registrar and agents of the parties for the purposes of retrieving the stated tally sheets for scrutiny as ordered earlier.
c) That upon the conclusion of the scrutiny exercise at the warehouse at Bomet, the tally sheets are to be returned to their respective ballot boxes, which shall be sealed afresh, in the presence of the Deputy Registrar and the parties’ representatives.
d) A copy of this order to be served upon all the parties in the Petition.
Written and signed at Naivasha this6th day of February, 2018.
C. MEOLI
JUDGE