[2022] KEMC 5 (KLR)

[2022] KEMC 5 (KLR)

The court found that the petitioner had duly complied with the requirements of rule 21 and 22 of the Election (Parliamentary and County Election) Petition Rules 2017, which govern the withdrawal of election petitions. As a result, the court allowed the withdrawal of the petition and ordered that the security for...

Source-derived case information.

Citation
[2022] KEMC 5 (KLR)
Parties
Applicant: Abdirashid Maalim Osman; Respondent: IEBC; Respondent: Returning Officer, Lafey Constituency; Respondent: Hassan Abdihakim Ali
Court
Magistrate's Court
Court Station
Mandera Law Courts
Jurisdiction
Kenya
Case Number
Election Petition E002 of 2022
Procedural Posture
Election Petition / Withdrawal Ruling
Outcome
petition withdrawn
Judges
PW Wasike
Legal Topics
Withdrawal of Petition, Security for Costs, Compliance With Election Rules
Source Language
en
Election Petitions Withdrawal of Petition Security for Costs Compliance With Election Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

Abdirashid Maalim Osman

Applicant

IEBC

Respondent

Returning Officer, Lafey Constituency

Respondent

Hassan Abdihakim Ali

Respondent

Procedural Posture

Election Petition / Withdrawal Ruling

Legal Issues

  1. 1 Whether the petitioner has complied with the relevant rules for withdrawal of an election petition.
  2. 2 Whether the security for costs should be refunded upon withdrawal of the petition.

Ratio Decidendi

The court found that the petitioner had duly complied with the requirements of rule 21 and 22 of the Election (Parliamentary and County Election) Petition Rules 2017, which govern the withdrawal of election petitions. As a result, the court allowed the withdrawal of the petition and ordered that the security for costs deposited be refunded to the depositor. The decision was based on the procedural compliance demonstrated by the petitioner and the absence of any objection or contrary argument from the respondents.

Court Disposition

petition withdrawn

Orders

  • The election petition is marked as withdrawn.
  • The security for costs deposited to be refunded to the depositor.