[2013] KEHC 3281 (KLR)
The court dismissed the petition because the petitioner was no longer desirous of proceeding, the petition was never served, and the mandatory security for costs was not deposited as required by section 78 of the Elections Act. The court exercised its discretion under section 78(3) to dismiss the petition and,...
Source-derived case information.
- Citation
- [2013] KEHC 3281 (KLR)
- Parties
- Applicant: Said Buya Hiribae; Respondent: Hassan Dukicha Abdi; Respondent: The Independent Electoral and Boundaries Commission (IEBC); Respondent: Mr. Henry Kombe (Returning Officer)
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Election Petition 7 of 2013
- Procedural Posture
- Election Petition / Ruling on Withdrawal and Dismissal
- Outcome
- petition dismissed for want of prosecution and non-compliance with statutory requirements
- Legal Topics
- Withdrawal of Petition, Security for Costs, Service of Petition, Certificate of Determination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Said Buya Hiribae
Applicant
Hassan Dukicha Abdi
Respondent
The Independent Electoral and Boundaries Commission (IEBC)
Respondent
Mr. Henry Kombe (Returning Officer)
Respondent
Procedural Posture
Election Petition / Ruling on Withdrawal and Dismissal
Legal Issues
- 1 Whether the petition should be dismissed due to the petitioner's withdrawal and failure to serve the petition.
- 2 Whether the mandatory security for costs was deposited as required under section 78 of the Elections Act.
- 3 Whether any order as to costs should be made.
Ratio Decidendi
The court dismissed the petition because the petitioner was no longer desirous of proceeding, the petition was never served, and the mandatory security for costs was not deposited as required by section 78 of the Elections Act. The court exercised its discretion under section 78(3) to dismiss the petition and, noting that the 1st respondent did not insist on costs, made no order as to costs. The court further directed that a certificate of determination be issued to the Commission and the Speaker of the National Assembly as required by section 86(1) of the Elections Act.
Court Disposition
petition dismissed for want of prosecution and non-compliance with statutory requirements
Orders
- The petition is dismissed under section 78(3) of the Elections Act.
- There will be no order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Election Petition 7 of 2013 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
SAID BUYA HIRIBAE....................................................PETITIONER
VERSUS
1. HASSAN DUKICHA ABDI............................1ST RESPONDENT
2. THE INDEPENDENT ELECTORAL AND
BOUNDARIESCOMMISSION(IEBC)...............2ND RESPONDENT
3. MR. HENRY KOMBE
(RETURNING OFFICER)....................................3RD RESPONDENT
RULING
1. Having heard the Petitioner who is nolonger desirous of proceeding with the Petition and as the Petition was never served and the security for costs not deposited as mandatorily required under section 78 of the Elections Act, pursuant to the application dated 20th May 2013, this Petition is dismissed under section 78(3) of the Elections Act.
2. As Mr Osoro does not insist on the costs, there will be no order as to the costs of the Petition.
3. It is hereby directed that a certificate of this determination do issue to the Commission and the Speaker of the National Assembly as provided under section 86(1) of the Elections Act.
Dated at Mombasa this 22nd day of May 2013
G V ODUNGA
JUDGE
Delivered in the presence of the Petitioner, Said Buya Hiribae, acting in person and Mr Osoro, instructed by Osoro Juma & Co. Advocates for the 1st Respondent.