Okoba Johanes Boy v Independent Electoral and Boundaries Commission, Chairperson of The Independent Electoral & Boundaries Commision & Omanyi Felix Opondo [2017] KEMC 16 (KLR)
Court
Magistrate's Court
Case number
Election Petition 3 of 2017
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…
Idris Abdi Abdullahi v Ahmed Bashane,Independent Electoral & Boundaries Commission (IEBC),Returning Officer Tarbaj Constituency [2017] KEHC 1132 (KLR)
Court
High Court
Case number
Election Petition 6 of 2017
Interlocutory election-petition ruling on whether security for costs was paid within time. The court ordered further clarification from Garissa High Court officials.
The High Court struck out an election petition for failure to prove timely service under section 20(1)(a) of the National Assembly and Presidential Elections Act.