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Kenya decisions
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Shafat v Independent Electoral and Boundaries Commission & 2 others [2023] KEHC 22309 (KLR)
The High Court dismissed an election petition appeal arising from Baraki Ward, finding the appellant failed to prove violence or other irregularities affected the result.
Kering v Torome & 5 others [2023] KEHC 22368 (KLR)
The court held that the appellant failed to prove she was a member of the Jubilee Party as at 25th June 2022, the date of submission of the party list for nomination to the County Assembly of Narok, as required by section 34(8) of the Elections Act. The letter from the Registrar of Political Parties did not provide conclusive evidence of her membership at the material time, and the alleged typographical error regarding the date of registration was not officially clarified. The court further found that the trial court did not shift the legal burden of proof but correctly required the appellant…
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Ongeri & another v Nyamweya & 7 others [2023] KEHC 21836 (KLR)
The High Court held that the appellants failed to exhaust the internal party dispute resolution mechanisms and the Political Parties Dispute Tribunal (PPDT) before filing their election petition. The court found that the legal and institutional framework governing party list nominations and related disputes requires parties to first utilize internal party mechanisms, then the PPDT, and only approach the courts if dissatisfied with those outcomes. The appellants' complaints were struck out by the PPDT for lack of proof of service and failure to trigger the internal mechanisms, and no appeal or…
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Naiduya v IEBC & 2 others [2023] KEHC 22338 (KLR)
High Court election appeal dismissed, upholding the Kimintet ward MCA election and finding no proven irregularities affecting the result.
Aden & 2 others v Gedi & 3 others [2023] KEHC 21742 (KLR)
The High Court held that Section 80(4) of the Elections Act requires a recount of all ballots cast in the election, not just a partial recount from selected polling stations, before a court can declare a winner. The trial court erred in declaring the 1st Respondent the winner based on scrutiny and recount of only two out of eighteen polling stations, as this left room for doubt regarding the overall result. The court emphasized that in a closely contested election, even minor discrepancies in the tallying and collation of votes can materially affect the outcome, and the will of the electorate…
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Baloo & 2 others v Returning Officer, Mvita Constituency & 3 others [2023] KEHC 27585 (KLR)
The High Court found that the trial court erred in annulling the election of Samir Gulam Abbas Baloo as Member of County Assembly for Tudor Ward. The appellate court held that the appellant was entitled to appeal despite not participating in the lower court, as the exclusion was based on an interlocutory order and public interest in electoral disputes is paramount. The court determined that the burden of proof for electoral malpractices rested with the 3rd respondent, who failed to provide sufficient, specific, and corroborated evidence of bribery, ballot stuffing, or violence affecting the r…
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Garama v Karisa & 3 others [2023] KECA 974 (KLR)
The Court of Appeal held that the High Court correctly found that the election for Member of the National Assembly for Magarini Constituency was not conducted in accordance with the Constitution and the law. The cumulative effect of several irregularities—including the unlawful opening of ballot boxes and recount at the tallying centre without all agents present, alterations of results without proper countersigning, and other admitted errors—compromised the transparency, accountability, and verifiability of the election process. While some irregularities might have been minor if considered in…
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Garama v Karisa & 3 others [2023] KECA 924 (KLR)
The Court held that the notice of appeal was filed within the prescribed time, as the computation of the seven days excluded the date of judgment and non-working days, making 10th March 2023 the last permissible day. The notice of appeal was not defective for challenging the whole decision, as the rules allow an appellant to specify whether all or part of the judgment is appealed, and the grounds raised were matters of law within the Court's jurisdiction. The omission of proceedings and decree in the initial record of appeal was excused because the High Court had not availed them in time, and…
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Sumba v Kenya African National Union (KANU) Party & 3 others; Lutta (Interested Party) [2023] KEHC 20650 (KLR)
The High Court found that the trial court did not exceed its jurisdiction or err in its treatment of the PPDT decision, as the tribunal's determination was not final due to a pending appeal. The Election Court correctly held that it could not enforce the PPDT's orders, as its jurisdiction under Section 75 of the Elections Act is limited to determining the validity of an election by nomination, not enforcing pre-election tribunal decisions. The court further held that the effective date of the gazette notice was the date assigned by the instrument, not the date of publication, and that the 3rd…
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Mogeni v Independent Electoral and Boundaries Commission & 2 others [2023] KEHC 19692 (KLR)
The High Court allowed an election petition appeal, holding that the 3rd respondent was not qualified for youth nomination because his identity documents showed he was 35 at nomination.
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