[2017] KEHC 2453 (KLR)
The court exercised its discretion under the Elections (Parliamentary and County Elections) Petition Rules 2017 to issue detailed directions governing the conduct of the hearing, including allocation of time for presentation of evidence, examination and cross-examination of witnesses, and procedures for accessing...
Source-derived case information.
- Citation
- [2017] KEHC 2453 (KLR)
- Parties
- Applicant: Philip Kyalo Kituti Kaloki; Respondent: Independent Electoral and Boundaries Commission; Respondent: The 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 / Directions Hearing
- Outcome
- Directions issued for conduct of hearing and management of evidence in the election petition.
- Judges
- CM Kariuki
- Legal Topics
- Election Procedure, Hearing Directions, Witness Management, Access to Information
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Philip Kyalo Kituti Kaloki
Applicant
Independent Electoral and Boundaries Commission
Respondent
The Returning Officer, Kibwezi East Constituency
Respondent
Jessica Nduku Kiko Mbalu
Respondent
Procedural Posture
Election Petition / Directions Hearing
Legal Issues
- 1 How should the court structure the hearing and management of evidence in the election petition for Kibwezi East Constituency.
- 2 What timelines and procedures should govern the presentation and examination of witnesses.
- 3 How should the court facilitate access to election materials and information as previously ordered.
Ratio Decidendi
The court exercised its discretion under the Elections (Parliamentary and County Elections) Petition Rules 2017 to issue detailed directions governing the conduct of the hearing, including allocation of time for presentation of evidence, examination and cross-examination of witnesses, and procedures for accessing election materials. These directions were made in agreement with all parties to ensure a fair, efficient, and transparent hearing process, and to facilitate compliance with prior court orders regarding access to information and election materials. The directions also provided for flexibility in timelines upon consultation and concurrence of the court, and set out specific dates...
Court Disposition
Directions issued for conduct of hearing and management of evidence in the election petition.
Orders
- Each side (Petitioner, Respondent 1 and 2, 3rd Respondent) to have a maximum of 3 days each to present evidence.
- Respondent and 3rd Respondent to have a maximum of 2 witnesses each, with specified time for examination.
Full Case Text
Judgment text and source record
38 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
DIRECTIONS
Pursuant to PROVISIONS of the PROVISIONS of Rule 15, 16 and 17 of the Elections (Parliamentary and County Elections) Petition Rules 2017 and in Agreement of all the parties the following directions are hereby issued:-
1. That each side namely Petitioner, Respondent 1 and 2 and 3rd Respondent shall have a maximum of 3 days each to present their evidence.
2. The Respondent and the 3rd Respondent shall have a maximum of 2 witnesses each namely a party and chief agent to be heard in chief for thirty minutes, cross examined for one hour and re-examination for thirty minutes respectively.
3. In respect of the remaining 18 witnesses for the Petitioner and 15 witnesses for the 3rd Respondent each witness to adopt his/her affidavit as evidence in chief. Cross examination to take a maximum of thirty minutes and re-examination to take a maximum of fifteen minutes.
4. In respect of the Respondent No. 1 and 2, the 2nd Respondent whose evidence in chief shall take a maximum of four hours by each of the other parties. (Petitioner and Respondent No. 3) and the re-examination a maximum of four (4) hours.
5. Parties to strictly keep their timelines with a possibility of an agreement in reducing or increasing time allocated upon consultation and concurrence of the court.
6. During the hearing date on 05/12/2017, parties will take one hour 9. 00 a.m. to 10. 00 a.m. to deal with directions on the results of the exercise on access to information ordered on 10/11/2017.
7. The draft issue to be circulated by the court after craft of the same together with these directions on or before the hearing dates.
8. The hearings shall be commencing at 9. 00 a.m. with one hour break and end at 5. 00 p.m.
9. In respect of the implementation of orders of 10/11/2017, parties and the Deputy Registrar of the court plus the Returning Officer of the 1st Respondent to attend the placing of the seals on 24/11/2017 at 9. 30 a.m. at the place the Election Materials are housed at Wote.
10. The reading of the KIEMS diaries and information thereof to be undertaken by parties and the Deputy Registrar on 30/11/2017 at 2. 30 p.m. in Nairobi 1st Respondent premises.
ISSUED THIS 10TH DAY OF NOVEMBER 2017.
C. KARIUKI
JUDGE
…………....