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Kenya decisions
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Mutegi v Chief Executive Officer Kenya Leather Development Council & another [2023] KEELRC 557 (KLR)
The court could not rule on the application to amend the petition because the file was incomplete and key pleadings were missing. It returned the file to the Registry.
Juma v Nyongesa, Budalangi Constituency Returning Officer & 2 others [2022] KEHC 14359 (KLR)
The court held that the failure to join the Independent Electoral and Boundaries Commission (IEBC) as a respondent in the election petition was a substantive and mandatory legal requirement under Rule 9 of the Elections (Parliamentary and County Elections) Petition Rules 2017. This omission was not a mere procedural technicality but a defect that went to the root of the court's jurisdiction. The court further found that the statutory window for amending an election petition to include a necessary party is strictly limited to 28 days from the declaration of results, and in this case, that peri…
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In re Estate of Karang’ae Kisier (Deceased) [2018] KEHC 288 (KLR)
The High Court at Narok upheld a preliminary objection and dismissed a petitioner's attempt to amend a succession petition to add beneficiaries and properties.
Okoba Johannes Boy v Independent Electoral and Boundaries Commission, Chairperson of The Independent Electoral and Boundaries Commission & Omanyi Felix Opondo [2018] KEHC 6278 (KLR)
The court held that section 78(3) of the Elections Act is mandatory and does not grant the election court discretion to extend the time for depositing security for costs. The appellant deposited the security 65 days after filing the petition, well outside the statutory ten-day period, and without leave of court. The court further found that the constitutional provisions cited by the appellant do not override clear statutory requirements. Additionally, the amended petition was filed without leave of court and was therefore irregular. The trial magistrate correctly interpreted and applied the l…
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Lesrima Simeon Saimanga v Independent and Electoral Boundaries Commission, Returning Officer Samburu County & Lenolkulal Moses Kasainie [2018] KEHC 8540 (KLR)
High Court dismissed a request to file supplementary affidavits out of time in an election petition, finding no exceptional circumstances and noting prejudice and res judicata.
Okoba Johanes Boy v Independent Electoral and Boundaries Commission, Chairperson of The Independent Electoral & Boundaries Commision & Omanyi Felix Opondo [2017] KEMC 16 (KLR)
The court found that the petitioner failed to comply with the mandatory statutory requirement to deposit security for costs within 10 days of filing the petition, as required by Section 78 of the Elections Act and Rule 33(1) of the Elections (Parliamentary and County Elections) Petitions Rules, 2017. The petitioner deposited the security two months late without seeking leave or providing any explanation for the delay. This non-compliance is a substantive defect that deprives the court of jurisdiction to hear the petition. Additionally, the amended petition was filed without leave of court and…
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Musa Cherutich Sirma v Independent Electoral and Boundaries Commission (I.E.B.C), Eldama Ravine Constituency Returning Officer (Ndirangu Peter Kuria) & Moses Lessonet [2017] KEHC 1492 (KLR)
The High Court deferred scrutiny of votes to the full hearing, allowed access to KIEMS kits on a read-only basis, permitted expert affidavits, and declined amendment of the petition.
Joseph Kibiego Koech v Gabriel Mibei,Independent Electoral and Boundaries Commission & Returning Officer Kilgoris Constituency [2017] KEMC 61 (KLR)
The court held that while election petitions are governed by strict timelines and unique rules, the overriding objective is to facilitate substantive justice. The error in the petition regarding the misstatement of forms (36A instead of 34A) was not substantive and did not prejudice any party. The disparity in the number of votes was also not contested by the parties, and the amendment would reflect the true position as per public documents. The court found that the amendment did not change the substratum of the petition and that justice required the application to be allowed. The court exerc…
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Patrick Losike Lokaimoe v Daniel Epogo Nanok, Patrick Wanyama Wanyonyi & Independent Electral & Boundaries Commission [2017] KEHC 1416 (KLR)
The court held that the petitioner was entitled to file further affidavits and admit affidavits of additional witnesses, as these did not amount to amending the petition and were within the court's discretion under the relevant rules. The court declined to order production of the Kiems Kits due to their unavailability following reconfiguration for the presidential election. However, it allowed production of voter registers and polling station diaries for the additional polling stations, finding no prejudice to the respondents. The court refused to grant orders for recount and scrutiny of vote…
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Joseph Makilap Kipkoros v Independent Electoral & Boundaries Commission, Joseph Leboo Masindet & William Cheptumo Kipkiror [2017] KEHC 2718 (KLR)
The court held that it has discretion to give pre-trial directions on interlocutory applications, including the supply and preservation of election materials, under Rule 15 of the Election Petition Rules. The petitioner is entitled to certified copies of Forms 33 and 41 and polling station diaries, but original Forms 33 and 35A (in ballot boxes) will only be supplied upon a successful application for scrutiny. The application for scrutiny and recount of votes was deferred until after evidence is heard, as the petitioner had not specified the polling stations or laid a sufficient basis for scr…
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