[2013] KEMC 78 (KLR)

[2013] KEMC 78 (KLR)

The court found that although time is of the essence in election petitions and parties had agreed on the hearing schedule, the principle of giving each party a fair opportunity to be heard required that the 1st respondent be granted one final adjournment to avail the remaining witnesses. The court balanced the need...

Source-derived case information.

Citation
[2013] KEMC 78 (KLR)
Parties
Applicant: Robert Bisakaya Wanyera; Respondent: Nathan Obwana; Respondent: Caleb S. Gekonde; Respondent: The Independent Electoral Boundaries Commission; Respondent: Lorna Nanjala Khaemba
Court
Magistrate's Court
Court Station
Election Petition in Magistrate Courts
Jurisdiction
Kenya
Case Number
Election Petition 1 of 2013
Procedural Posture
Election Petition / Ruling on Application for Adjournment
Outcome
Application for adjournment allowed; last adjournment granted to 1st respondent; half costs awarded to petitioner and 2nd, 3rd, and 4th respondents.
Legal Topics
Adjournment of Hearing, Right to Be Heard, Costs Award, Case Management
Source Language
en
Election Petitions Adjournment of Hearing Right to Be Heard Costs Award Case Management

Source-derived case record

Summary, issues, holding and outcome

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Parties

Robert Bisakaya Wanyera

Applicant

Nathan Obwana

Respondent

Caleb S. Gekonde

Respondent

The Independent Electoral Boundaries Commission

Respondent

Lorna Nanjala Khaemba

Respondent

Procedural Posture

Election Petition / Ruling on Application for Adjournment

Legal Issues

  1. 1 Whether the 1st respondent should be granted an adjournment to avail remaining witnesses.
  2. 2 Whether granting the adjournment prejudices the petitioner or other respondents.
  3. 3 Whether costs should be awarded for the adjournment.

Ratio Decidendi

The court found that although time is of the essence in election petitions and parties had agreed on the hearing schedule, the principle of giving each party a fair opportunity to be heard required that the 1st respondent be granted one final adjournment to avail the remaining witnesses. The court balanced the need for expedition with fairness, noting that this was the first application for adjournment and that all counsel had made efforts to attend court and avail witnesses as required. To mitigate any prejudice caused by the adjournment, the court awarded half costs for the day to the petitioner and the 2nd, 3rd, and 4th respondents, to be assessed later. The court emphasized that this...

Court Disposition

Application for adjournment allowed; last adjournment granted to 1st respondent; half costs awarded to petitioner and 2nd, 3rd, and 4th respondents.

Orders

  • The application for adjournment by the 1st respondent is allowed.
  • This is the last adjournment to be granted to the 1st respondent.