[2017] KEMC 114 (KLR)
The court found that, as a gazetted election court, it has jurisdiction under Rule 19 of the Elections (Parliamentary and County Elections) Petitions Rules 2017 to extend the time for filing and serving responses. The application by the 3rd Respondent was made without inordinate delay, and granting the extension...
Source-derived case information.
- Citation
- [2017] KEMC 114 (KLR)
- Parties
- Applicant: Paul Odhiambo Okello; Respondent: Independent Electoral Commission; Respondent: Roselyne A Onyango; Respondent: Ouma Moses Pius
- Court
- Magistrate's Court
- Court Station
- Election Petition in Magistrate Courts
- Jurisdiction
- Kenya
- Case Number
- Election Petition 7 of 2017
- Procedural Posture
- Election Petitions / Ruling on Application for Extension of Time to File and Serve Response
- Outcome
- Application for extension of time allowed.
- Legal Topics
- Extension of Time, Jurisdiction of Election Court, Service of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Odhiambo Okello
Applicant
Independent Electoral Commission
Respondent
Roselyne A Onyango
Respondent
Ouma Moses Pius
Respondent
Procedural Posture
Election Petitions / Ruling on Application for Extension of Time to File and Serve Response
Legal Issues
- 1 Whether the court has jurisdiction to extend time for filing and serving a response in an election petition.
- 2 Whether the application for extension of time was made without inordinate delay and if granting it would prejudice the petitioner.
Ratio Decidendi
The court found that, as a gazetted election court, it has jurisdiction under Rule 19 of the Elections (Parliamentary and County Elections) Petitions Rules 2017 to extend the time for filing and serving responses. The application by the 3rd Respondent was made without inordinate delay, and granting the extension would not prejudice the Petitioner. Therefore, the court allowed the application, granting the 3rd Respondent leave to file and serve his response within three days, with costs to be borne by the Applicants.
Court Disposition
Application for extension of time allowed.
Orders
- The 3rd Respondent is granted leave to file and serve his response within three days.
- The Applicants shall meet the costs of this suit.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT BUSIA
ELECTION PETITION NO. 7 OF 2017
PAUL ODHIAMBO OKELLO……………………………….PETITIONER
=VERSUS=
1. INDEPENDENT ELECTRORAL COMM….......………1ST RESPONDENT
2. ROSELYNE A ONYANGO…………………...………..2ND RESPONDENT
3. OUMA MOSES PIUS…………………………………3RD RESPONDENT
R U L I N G
By the Application dated 19. 9.17 the 3rd Respondent seeks leave to enable him serve and respond pursuant to rule 11 and 19 of the Elections (Parliamentary and County Elections Petitions Rules 2017 and that the Elections (Parliamentary and County Amendment) Rules 2017.
The Application is grounded on the reasons on the face of it and the Affidavit of the 3rd Respondent. The Petitioner opposes it and filed a Preliminary Objection. That the Honourable court lacks Jurisdiction to extend time, allowing the 3rd Respondents Leave to file and serve the Respondents. I have looked at the said application, the notice, submissions by the 3rd Respondent and the Petitioner. I find that this court having been Gazetted as an Election court has jurisdiction to extend leave pursuant to Rule 19. The application was made without inordinate delay and will not prejudice the Petitioner. I allow the same. The Response shall be filed and served on the Petitioner’s Counsel within 3 days. The Applicants shall meet the costs of this suit.
W.K. Chepseba, CM
Ruling dated and delivered at Busia Law Court in the presence of the Kilonji holding brief for Makokha on 27th September 2017
Nabulindo for the 3rd Respondent
Mr. Balongo holding brief for Ashioya for the Petitioner
W.K. Chepseba, CM