Kenya Case Law

Julius Makau Malombe v Charity Kaluki Ngilu, Independent Electoral And Boundaries Commission & Gogo Albert Nguma

Julius Makau Malombe v Charity Kaluki Ngilu, Independent Electoral And Boundaries Commission & Gogo Albert Nguma [2018] KEHC 7670 (KLR)

Court

High Court

Case number

Election Petition 4 of 2017

Judge

P Nyamweya

The court held that scrutiny and recount in election petitions are not granted as a matter of course but must be justified by specific pleadings and evidence of irregularities that could affect the election outcome. The petitioner failed to provide sufficient evidence or specificity for most polling stations, and some allegations were not pleaded in the petition. However, in certain polling stations, the petitioner demonstrated errors or irregularities in the recording, tallying, or transposition of results in Forms 37A, 37B, and 37C, which were not adequately rebutted by the respondents. The…

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• Scrutiny Of Votes
• Recount Of Votes
• Access To Election Materials
• Burden Of Proof In Election Petitions
• Electoral Irregularities
• Judicial Discretion In Election Petitions

Seth Ambusini Panyako v Independent Electoral & Boundaries Commission, Returning Officer Kakamega County & Cleophas Wakhungu Malalah

Seth Ambusini Panyako v Independent Electoral & Boundaries Commission, Returning Officer Kakamega County & Cleophas Wakhungu Malalah [2017] KEHC 2314 (KLR)

Court

High Court

Case number

Election Petition 14 of 2017

Judge

TW Cherere

The court held that the petitioner had not laid a sufficient basis for the broad orders of scrutiny, recount, and audit of all election materials and electronic devices, as required by the Elections Act and Rules. The application was found to be overly broad and lacking specificity regarding disputed polling stations or particular irregularities. The court emphasized that scrutiny and recount are not granted as a matter of course and must be supported by clear grounds and evidence. However, the court found merit in the petitioner's request for legible copies of Forms 38A, 38B, and 38C, as the…

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• Scrutiny Of Votes
• Recount Of Votes
• Access To Election Materials
• Burden Of Proof In Election Petitions
• Safe Custody Of Election Materials

Kalla Jackson Musyoka v Independent Electoral & Boundaries Commission (I.E.B.C) & Kabaka Boniface Mutinda

Kalla Jackson Musyoka v Independent Electoral & Boundaries Commission (I.E.B.C) & Kabaka Boniface Mutinda [2017] KEHC 2001 (KLR)

Court

High Court

Case number

Election Petition 4 of 2017

Judge

BC Koech

The court held that while the Petitioner was entitled to introduce additional affidavits of two witnesses and certain public documents (Gazette Notices and IEBC code of conduct) as evidence, the request for access to KIEMS kits and related records was denied because it amounted to an amendment of the petition outside the statutory 28-day window, contrary to Article 87(2) of the Constitution and Section 76(1) of the Elections Act. The court further found that the application for scrutiny and recount of votes at the pre-trial stage was premature, as such orders should only be granted after the…

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• Scrutiny And Recount
• Admissibility Of Evidence
• Access To Election Materials
• Pleadings And Amendments

Mue & another v Chairperson of the Independent Electoral and Boundaries Commission & 3 others

Mue & another v Chairperson of the Independent Electoral and Boundaries Commission & 3 others [2017] KESC 5 (KLR)

Court

Supreme Court

Case number

Presidential Election Petition 4 of 2017

Judges

DK Maraga, PM Mwilu, JB Ojwang, SC Wanjala, N Ndungu, I Lenaola

The Supreme Court partly allowed scrutiny in a presidential election petition, granting access to original Forms 34A, 34B and 34C and a certified voter register.

• Scrutiny Of Votes
• Access To Election Materials
• Burden Of Particularity
• Timeliness Of Election Petitions
• Scrutiny-of-votes
• Election-petitions

Ernest Hinzao v I E B C, Wafula Chebukati, Ganze Malindi Sub-County Returning Officer & Aisha Jumwa

Ernest Hinzao v I E B C, Wafula Chebukati, Ganze Malindi Sub-County Returning Officer & Aisha Jumwa [2017] KEHC 2650 (KLR)

Court

High Court

Case number

Election Petition 13 of 2017

Judge

CA Otieno

The court determined that the application for production of polling station diaries and voter registers was, in substance, an appendage to the application for scrutiny and recount. Since the parties had agreed that the application for scrutiny and recount would be addressed after the hearing of evidence, it was premature and inefficient to grant the production of materials at this stage. The court emphasized that the relevance of the requested information would only crystallize if and when scrutiny or recount is ordered. Accordingly, the court held that the application for production of infor…

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• Access To Election Materials
• Scrutiny And Recount
• Burden Of Proof In Election Petitions
• Right To Information
• Pleadings And Evidence
• Judicial Case Management

Abikheir Abdullahi Dubow v Independent Electoral and Boundaries Commission, Isaack Muhumed Mohamud Returning Officer Dadaab Constituency & Mohamed Dahir Duale

Abikheir Abdullahi Dubow v Independent Electoral and Boundaries Commission, Isaack Muhumed Mohamud Returning Officer Dadaab Constituency & Mohamed Dahir Duale [2017] KEHC 2546 (KLR)

Court

High Court

Case number

Election Petition 7 of 2017

Judge

REA Ougo

Election petition ruling allowing access to Forms 35A and 35B, but declining recount, scrutiny, and KIEMS reports as premature and too generalized.

• Scrutiny Of Votes
• Access To Election Materials
• Burden Of Proof In Election Petitions
• Electronic Voting Systems
• Public Document Access
• Election-petitions

Martha Wangari Karua & Joseph Gachoki Gitari v Independent Electoral & Boundaries Commission, Seki Lempaka, Ann Waiguru & Peter Ndambiri

Martha Wangari Karua & Joseph Gachoki Gitari v Independent Electoral & Boundaries Commission, Seki Lempaka, Ann Waiguru & Peter Ndambiri [2017] KEHC 2900 (KLR)

Court

High Court

Case number

Election Petition 2 of 2017

Judge

LW Gitari

The court held that the petitioners are entitled to read-only access to data in the KIEMS kits relating to the Kirinyaga gubernatorial election, as the IEBC has a constitutional duty to preserve and provide such materials. However, the court declined to grant access to Safran systems or persons, as Safran is not a party to the proceedings and such orders would be impracticable. The court also declined to allow the filing of further affidavits in support of the petition, as this would amount to amending the petition outside the statutory period and would prejudice the respondents. The petition…

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• Access To Election Materials
• Electoral Technology
• Pleadings And Evidence
• Affidavit Filing
• Scrutiny Of Election Results

Jane Muringi Wangui v Independent Electoral and Boundaries Commission, Returning Officer Embakasi North Constituency & James Mwangi Gakuya

Jane Muringi Wangui v Independent Electoral and Boundaries Commission, Returning Officer Embakasi North Constituency & James Mwangi Gakuya [2017] KEHC 2483 (KLR)

Court

High Court

Case number

Election Petition 19 of 2017

Judge

RB Ngetich

The court found that while the petitioner had raised concerns about the legibility and authenticity of forms 35A and 35B, she had not identified specific polling stations where irregularities occurred, nor had she provided sufficient evidence to warrant a general order for scrutiny. The court held that scrutiny must be based on specific, substantiated allegations rather than generalized claims. However, in the interest of justice and to ensure a fair hearing, the court ordered that the petitioner be supplied with certified copies of forms 35A and 35B, that the originals be preserved and avail…

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• Access To Election Materials
• Scrutiny Of Election Results
• Election Integrity
• Burden Of Proof In Election Disputes

Erick Soita Patroba v Martin Wafula Wawire, IEBC & Oduol Bernand Arwings

Erick Soita Patroba v Martin Wafula Wawire, IEBC & Oduol Bernand Arwings [2013] KEMC 91 (KLR)

Court

Magistrate's Court

Case number

Election Petition 1 of 2013

The court found that the petitioner was entitled to the information requested, as the IEBC had not demonstrated any of the statutory grounds for refusal under the Constitution or IEBC Act. The court held that the supplementary request for the marked register, though not in the original application, could be granted in the interests of justice and without undue technicality, as permitted by the Elections Act. However, the requests for the principal register and form 35 were denied as they had already been supplied, rendering those prayers moot. As for form 33 and the marked register, if they w…

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• Right To Information
• Access To Election Materials
• Scrutiny And Recount
• Production Of Evidence

SIMON KIPRONO SANG V INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION

SIMON KIPRONO SANG V INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION [2013] KEHC 3296 (KLR)

Court

High Court

Case number

Miscellaneous Civil Case 136 of 2013

Judge

RPV Wendoh

The High Court dismissed a pre-petition application seeking ballot paper supply, holding that election materials can be accessed only through proper election petition procedure.

• Access To Election Materials
• Scrutiny Of Ballot Papers
• Procedural Defects
• Pre Election Petition Applications
• Election-petitions
• Scrutiny-of-ballot-papers