[2018] KEHC 8504 (KLR)

[2018] KEHC 8504 (KLR)

The court found that while some irregularities occurred during the Shinyalu Constituency parliamentary election, including a few unsigned forms 35A, an error in vote tallying at Musingu polling station, and a discrepancy in the date of result declaration, these were isolated and did not materially affect the outcome. The petitioners failed to provide credible, specific, and cogent evidence to substantiate allegations of widespread irregularities, bribery, or police harassment. The court held that the nomination dispute regarding the 3rd respondent had already been conclusively determined by the Political Parties Disputes Tribunal and IEBC Disputes Resolution Committee, and the election...

Citation
[2018] KEHC 8504 (KLR)
Parties
Applicant: Hon. Silverse Lisamula Anami; Applicant: Adrian Mambili Meja; Respondent: Independent Electoral and Boundaries Commission; Respondent: Henry Bahati Lumiti; Respondent: Justus Gesito Mungali M’Mbaya
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
19 February 2018
Case Number
Election Petition 1 & 4 of 2017
Procedural Posture
Election Petition / Judgment
Outcome
Petitions dismissed; 3rd respondent declared validly elected Member of Parliament for Shinyalu Constituency; costs awarded to respondents.
Judges
CM Njagi
Legal Topics
Election Irregularities, Nomination Disputes, Burden of Proof, Bribery and Treatment, Procedural Compliance
Source Language
English
Election Petitions Constitutional Law Election Irregularities Nomination Disputes Burden of Proof Bribery and Treatment Procedural Compliance

Case Brief

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Parties

Hon. Silverse Lisamula Anami

Applicant

Adrian Mambili Meja

Applicant

Independent Electoral and Boundaries Commission

Respondent

Henry Bahati Lumiti

Respondent

Justus Gesito Mungali M’Mbaya

Respondent

Procedural Posture

Election Petition / Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to determine the validity of the nomination of the 3rd respondent.
  2. 2 Whether there were irregularities and malpractices in the election and if so whether such irregularities or malpractices affected the outcome of the election.
  3. 3 Whether the petition of the 2nd petitioner is defective.

Ratio Decidendi

The court found that while some irregularities occurred during the Shinyalu Constituency parliamentary election, including a few unsigned forms 35A, an error in vote tallying at Musingu polling station, and a discrepancy in the date of result declaration, these were isolated and did not materially affect the outcome. The petitioners failed to provide credible, specific, and cogent evidence to substantiate allegations of widespread irregularities, bribery, or police harassment. The court held that the nomination dispute regarding the 3rd respondent had already been conclusively determined by the Political Parties Disputes Tribunal and IEBC Disputes Resolution Committee, and the election...

Court Disposition

Petitions dismissed; 3rd respondent declared validly elected Member of Parliament for Shinyalu Constituency; costs awarded to respondents.

Orders

  • Both petitions are dismissed for lack of merit.
  • The 3rd respondent is declared validly elected as Member of Parliament for Shinyalu Constituency.