[2017] KEMC 102 (KLR)

[2017] KEMC 102 (KLR)

The court held that the petitioner, not being the deponent of the Chief agent's affidavit, cannot take the court through the documents annexed to that affidavit. Only the Chief agent, as the deponent, is the proper person to testify regarding the contents and annexures of his own affidavit. Allowing the petitioner...

Source-derived case information.

Citation
[2017] KEMC 102 (KLR)
Parties
Applicant: Odongo Victor Robert; Respondent: Independent Electoral & Boundaries Commission; Respondent: Ezekiel Juma Otieno; Respondent: Onyango Philemon
Court
Magistrate's Court
Court Station
Election Petition in Magistrate Courts
Jurisdiction
Kenya
Case Number
Election Petition 1 of 2017
Procedural Posture
Election Petition / Interlocutory Ruling on Admissibility of Affidavit Evidence
Outcome
Objection upheld; petitioner barred from taking court through documents annexed to another's affidavit. Matter to proceed.
Legal Topics
Affidavit Evidence, Witness Testimony, Election Dispute Procedure
Source Language
en
Election Petitions Affidavit Evidence Witness Testimony Election Dispute Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Odongo Victor Robert

Applicant

Independent Electoral & Boundaries Commission

Respondent

Ezekiel Juma Otieno

Respondent

Onyango Philemon

Respondent

Procedural Posture

Election Petition / Interlocutory Ruling on Admissibility of Affidavit Evidence

Legal Issues

  1. 1 Whether the petitioner can refer to and take the court through documents attached to an affidavit sworn by another person.
  2. 2 Who is the proper person to testify regarding the contents of an affidavit and its annexures in an election petition.

Ratio Decidendi

The court held that the petitioner, not being the deponent of the Chief agent's affidavit, cannot take the court through the documents annexed to that affidavit. Only the Chief agent, as the deponent, is the proper person to testify regarding the contents and annexures of his own affidavit. Allowing the petitioner to do so would be procedurally improper and would waste the court's time, as the Chief agent will have the opportunity to testify on the same affidavit. The matter was directed to proceed with this clarification.

Court Disposition

Objection upheld; petitioner barred from taking court through documents annexed to another's affidavit. Matter to proceed.

Orders

  • The petitioner may only refer to the document attached in the affidavit of the Chief agent but may not take the court through it.
  • The Chief agent is the proper person to testify regarding the affidavit and its annexures.