[2017] KEHC 2445 (KLR)
The court found that the previous orders required correction to accurately reflect the agreement of the parties and to ensure that the petitioner was expressly included as a party entitled to access the requested election information. The court also determined that the description of the documents to be supplied and...
Source-derived case information.
- Citation
- [2017] KEHC 2445 (KLR)
- Parties
- Applicant: Philip Kyalo Kituti Kaloki; Respondent: Independent Electoral and Boundaries Commission; Respondent: Returning Officer, Kibwezi East Constituency; Respondent: Jessica Nduku Kiko Mbalu
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Election Petition 1 of 2017
- Procedural Posture
- Election Petition / Interlocutory Order
- Outcome
- orders corrected and clarified as agreed by parties
- Judges
- CM Kariuki
- Legal Topics
- Access to Election Information, Election Procedure, Correction of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Kyalo Kituti Kaloki
Applicant
Independent Electoral and Boundaries Commission
Respondent
Returning Officer, Kibwezi East Constituency
Respondent
Jessica Nduku Kiko Mbalu
Respondent
Procedural Posture
Election Petition / Interlocutory Order
Legal Issues
- 1 Whether the petitioner should be expressly included as a party entitled to access election information as per previous court orders.
- 2 Whether the wording of the orders regarding supply of polling day diaries and implementation period required correction.
Ratio Decidendi
The court found that the previous orders required correction to accurately reflect the agreement of the parties and to ensure that the petitioner was expressly included as a party entitled to access the requested election information. The court also determined that the description of the documents to be supplied and the period for compliance needed clarification. Accordingly, the orders were amended to include the petitioner, to specify that copies of polling day diaries were to be supplied, and to set the implementation period at 21 days. These corrections were necessary to ensure clarity, fairness, and effective implementation of the court's directions in the election petition.
Court Disposition
orders corrected and clarified as agreed by parties
Orders
- Orders (b), (c), (d), and (e) amended to include the petitioner as a party to be supplied and/or access the information sought.
- Prayer (d) corrected to read 'copies of polling day diaries'.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
ELECTION PETITION NO. 1 OF 2017
IN THE MATTER OF ARTICLES 35, 38, 48, 81, 86 AND 88 OF THE CONSTITUTION OF KENYA
AND
IN THE MATTER OF THE ELECTIONS ACT NO. 24 OF 2011 LAWS OF KENYA, THE ELECTIONS (GENERAL) REGULATIONS, 2012, THE ELECTIONS (TECHNOLOGY) REGULATIONS, 2017 AND THE ELECTIONS (PARLIAMENTARY
AND
IN THE MATTER OF THE ELECTION OFFENCES ACT NO. 37 OF 2016
AND
IN THE MATTER OF THE ACCESS TO INFORMATION ACT NO. 31 OF 2016
AND
IN THE MATTER OF THE ELECTORAL AND BOUNDARIES COMMISSION ACT NO.9 OF 2011
AND
IN THE MATTER OF THE MEMBER OF NATIONAL ASSEMBLY ELECTIONS FOR KIBWEZI EAST CONSTITUENCY HELD ON 8TH AUGUST 2017
BETWEEN
PHILIP KYALO KITUTI KALOKI......................PETITIONER/APPLICANT
-VERSUS-
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION RESPONDENT..............1ST RESPONDENT
THE RETURNING OFFICER,
KIBWEZI EAST CONSTITUENCY.................................2ND RESPONDENT
JESSICA NDUKU KIKO MBALU....................................3RD RESPONDENT
Pursuant to the agreement of all the parties on the issue of the ruling/order made on 10/11/2017, the court makes the following orders:-
O R D E R
1. Order (b) (c) (d) and (e) will be amended and/ or corrected to include Petitioner as the party to be supplied and/ or access the information sought thereof.
2. Prayer (d) will also be corrected to read copies of polling day diaries.
3. The implementation of order (h) time/period is corrected to read 21 days.
Orders accordingly.
SIGNED, DATED AND ISSUED THIS 10TH DAY OF NOVEMBER 2017.
C. KARIUKI
JUDGE
………………………………….